The judgment below

The defendant's case is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

80 hours per the defendant.

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the attachment order when it rendered a judgment of conviction on the part of the case of the defendant, and the defendant appealed only to this, and thus there is no benefit of appeal as to the part of the attachment order.

Therefore, notwithstanding the provisions of Article 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment of the court below regarding the attachment order is excluded, and the scope of the judgment of this court is limited to the part of the case of the defendant.

2. Summary of reasons for appeal;

A. The Defendant is not guilty of committing an indecent act, rape, or special intimidation against the victim.

The judgment of the court below which found the defendant guilty is erroneous by mistake of facts.

B. At the time of each of the instant crimes, the Defendant had weak ability to discern things or make decisions under the influence of alcohol.

(c)

The punishment sentenced by the court below (the imprisonment of three years and six months, the sexual assault treatment program is ordered 80 hours, etc.) is too unreasonable.

3. Determination

A. As to the assertion of mistake of facts, the Defendant denied all crimes in the lower court, and argued the same as the grounds for appeal.

The court below rejected the defendant's argument and found the defendant guilty on all the facts charged by examining the decision in detail.

According to the evidence duly adopted and examined by the court below, as the court below properly states, the fact that the defendant committed an indecent act against the victim and attempted rape as stated in the judgment below is sufficiently recognized by fully recognizing the fact that the defendant committed an indecent act against the victim as stated in the judgment of the court below and threatened him to the part on the part of the victim by taking out the fact and excessive charges.

The judgment of the court below that found all of the facts charged guilty is just and there is no error of law due to mistake.

Defendant’s assertion is without merit.

B. According to the record on the assertion of mental and physical weakness, the defendant raised objection.