강간미수
The defendant's appeal is dismissed.
misunderstanding the substance of the grounds for appeal or misunderstanding the legal principles, even before the instant crime was committed, the Defendant was close to the victim, such as having a sexual intercourse. At the time of the instant crime, there was a little vagabonds in the process of demanding a somewhat unreasonable sexual relationship with the victim, and there was no attempt to have sexual intercourse with the victim by force as stated in the instant facts charged.
Nevertheless, the court below found the Defendant guilty of attempted rape of this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
In light of the various sentencing conditions in this case, the punishment sentenced by the court below (the completion of the sexual assault treatment program for 2 years and 80 hours) is too unreasonable.
Judgment
As to the assertion of misunderstanding of facts or misapprehension of legal principles, the lower court also argued to the same effect as otherwise alleged in this part of the grounds for appeal. The lower court determined that ① the victim specifically stated the details and content of the damage, circumstances before and after the damage, etc., and the explanation of the situation is reasonable, and the content of the statement is not unreasonable or contradictory, and the victim made a false statement with intent to mislead the Defendant.
As such, the statement of the victim is not visible. ② The victim's statement is reliable, and ② the victim's body, the victim's panty and panty that the defendant refused the victim's sexual intercourse when the defendant sought a mixed victim's sexual relation, and the victim was exempted from the victim's panty, and the victim refused the sexual relation by smugglinging the defendant, but did not deviate from the defendant, and the victim's forced death in order to prevent the defendant from committing this.
“The Defendant refers to the victim as the victim stated above, and the Defendant returned to the house, etc., and the content, degree, and gender relationship of the type used by the Defendant at the time of the instant case.