The judgment of the court below is reversed.

The defendant shall be punished by imprisonment with prison labor for not less than four months for the first and second crimes, and imprisonment with prison labor for the third crimes as decided.

1. The court below rendered a judgment of dismissal of the prosecutor's request regarding the part of the defendant's case and the part of the probation order case. Since the court appealed only against the defendant, there is no interest in appeal regarding the part of the probation order case.

Therefore, notwithstanding the provisions of Articles 9(8) and 21-8 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the part of the judgment of the court below concerning probation order is excluded from the scope of judgment of this court. Thus, the scope of judgment of this court is limited to the part concerning the defendant

2. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) The rice complex damaged by the Defendant in this part of the charges on the damage of property (hereinafter “the rice complex of this case”).

(2) Although the Defendant was owned by the Defendant, the lower court erred by having determined the ownership of the victim and convicted him of this part of the facts charged. (2) In so doing, the Defendant did not express his intent of refusal, such as “Mara,” etc. when the Defendant deviates from the clothes of the victim, and did not resist. Therefore, the Defendant did not have a sexual relationship by force after suppressing the victim’s resistance, such as as indicated in each part of the facts charged.

Nevertheless, the lower court found the Defendant guilty of each of the facts charged.

B. The Defendant was under the influence of alcohol at the time of committing each of the crimes, and was in the state of mental disability or mental disorder due to mental disorder.

C. Each sentence imposed by the court below on the defendant (the first and second punishment: imprisonment with prison labor for 6 months, and the third punishment: imprisonment with prison labor for 8 years, etc.) is too unreasonable.

3. Determination

A. Judgment of misunderstanding of facts or misunderstanding of legal principles 1.