강간치상등
The defendant's appeal is dismissed.
In the text of the judgment of the court below, information on the person requesting the disclosure or notification order.
1. Summary of grounds for appeal;
A. (1) The lower court found the Defendant guilty of the injury resulting from rape, in spite of the fact that there was only the Defendant’s intent to commit rape but there was no intent to commit rape, and there was no omission of the Defendant’s sexual organ inserting the Defendant’s sexual organ into the part of the victim C.
(2) The lower court found the Defendant guilty of the facts charged of confinement, despite the fact that the Defendant did not assault or threaten the said victim to detain the said victim after the Defendant exercised force to force the said victim to force force by force.
B. At the time of each of the instant crimes, the Defendant was in a state of mental suffering from addiction to narcotics.
C. The sentence of unfair sentencing (five years of imprisonment) by the lower court is too unreasonable.
2. Determination
A. The lower court rejected this part of the Defendant’s assertion of misunderstanding of facts in light of the following circumstances: (a) as to the injury resulting from rape, the victim’s statement that corresponds to this part of the facts charged was credibility; and (b) as to the detention, the victim C’s statement that corresponds to this part of the facts charged was credibility when determining that the victim C’s statement that corresponds to this part of the facts charged was credibility, in light of the circumstance that the victim’s psychological and physical resistance ability was circumvented during the long time of the instant crime.
Examining the above judgment of the court below in comparison with the records, the judgment of the court below is just.
Therefore, the defendant's above assertion is without merit.
B. According to the records on the determination of mental and physical disability, in light of the background of each of the crimes in this case, the method and content of the crime, the defendant's behavior and attitude before and after the crime, etc., it is not deemed that the defendant had the ability to discern things or make decisions due to drug addiction, etc.
Therefore, the defendant's above assertion is without merit.