The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault against the defendant for 80 hours.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of the facts and misapprehension of the legal doctrine (as to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.)), the Defendant merely committed sexual intercourse with the victim D, and did not commit rape by assaulting the victim D or threatening the knife, which is a dangerous object, as stated in this part of the facts charged.

In addition, the injury claimed by a victim is not caused by the act of the defendant, but it does not constitute the injury of the crime of rape since there is no designation in natural healing and daily life as it does not need treatment because the degree of injury is extremely minor.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, which erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2) The sentence (6 years of imprisonment, 80 hours of order to complete the course) sentenced by the lower court against the Defendant is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles

A. As to the assertion that the victim D did not rape, the court of relevant legal doctrine has credibility in determining the credibility of the victim's statement supporting the facts charged, as well as whether the content of the statement itself conforms to the rationality, logic, inconsistency, or rule of experience, or conforms with evidence or third party's statement, and whether the witness's appearance, attitude, and penology that the witness's statement was made in the open court after being sworn before a judge is divided into several circumstances that make it difficult to record the witness's statement in the witness examination protocol, such as the witness's appearance, attitude, and penology, etc., that are obtained by directly observing the circumstances that are difficult to record, and if the victim's statements, including the victim, are mutually consistent and consistent with the facts charged, it shall be deemed that there is no objective credibility in the witness's statement.