The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for five years.

80 hours per the defendant.

1. The court below sentenced a judgment dismissing the prosecutor's request regarding the part of the defendant's case for which the request for attachment order was filed, and the court's scope of trial was limited to the part of the defendant's case for which the defendant was convicted (the case for attachment order request under Article 9 (8) of the Act on Probation and Electronic Monitoring, Etc. against Specific Criminal Offenders is considered to have been appealed, but only the defendant appealed, there is no benefit to review and determine the case for which the request for attachment order was filed, and no reason exists to determine ex officio discretion to make a different conclusion). 2. The summary of the grounds of appeal is examined.

A. Fact that there was a mistake of facts or misapprehension of the legal principle that there was a physical contact with the victim, but there was no use of force to the extent that it would be against the victim's will at the time or significantly difficult to resist the victim.

Nevertheless, the judgment of the court below which found all of the facts charged guilty is erroneous in misconception of facts or misapprehension of legal principles.

B. The sentence imposed by the lower court (six years of imprisonment, and 80 hours of completion of sexual assault treatment programs) is too unreasonable.

3. Determination

A. The judgment of the court below 1 on the assertion of mistake of facts or misapprehension of legal principles also asserted similar to this.

The lower court found the Defendant guilty of all the charges on the ground that, in full view of the following summarys recognized by the evidence duly admitted and investigated, the Defendant could sufficiently recognize the fact that the Defendant committed an indecent act and rape against the victim.

① On March 17, 2014 and the 30th of the same month, before reporting to an investigation agency, the victim posted a counseling notice on the Internet sexual assault victim counseling site called “L” to the effect that he/she suffers from extreme mental pain, along with the fact that he/she was indecent act and rape by the Defendant.

(2)