The judgment below

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

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

(b) the defendant;

1. Summary of grounds for appeal by the defendant;

A. Since the victim was not in a de facto marital relationship with the mother of the victim, the victim is not a person in a de facto marital relationship with the Defendant.

B. The sentence imposed by the lower court on the Defendant (at least three years and six months of imprisonment, 120 hours of order to complete a program, and 3 years of disclosure and notification) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor kept the previous facts charged around the trial, and subsequently applied for the amendment of indictment to add the facts charged as stated in the following facts to the name of the crime, and the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape), and the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by force). Since this court permitted this, the judgment of the court below was no longer maintained.

However, the judgment of the court below is reversed ex officio as above.

Even if the defendant's assertion of misunderstanding of facts or misunderstanding of legal principles is still subject to the judgment of this court, it will be examined below.

B. Determination on the Defendant’s assertion of mistake of facts or misapprehension of legal principles (1) The summary of this part of the facts charged (the facts charged) is as follows: (a) the Defendant was a person who was in a de facto marital relationship while living together with D from February 2, 2010 to December 12, 2012, and the victim E (here, F) was a de facto relative; and (b) the two were de facto relatives.

On October 25, 2011, the Defendant: (a) committed sexual intercourse with the victim once on the following criminal facts; (b) committed sexual intercourse with the victim on January 24, 201 through October 24, 2011; and (c) committed an indecent act by force on every 24 occasions as shown in the list of crimes in the attached Table.

(2) In order to have de facto kinship between the Defendant and the victim, the Defendant is the mother of the victim.