마약류관리에관한법률위반(향정)등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding the facts (as to the crime of intrusion upon residence as indicated in the judgment below, and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Refence, etc.)], the Defendant entered the victim’s residence with the consent of the victim C, and did not infringe upon the victim’s residence C without permission as stated in the facts charged.
B) In addition, the Defendant was found guilty of all the above charges on the grounds as stated in its reasoning, despite that there was no injury that the victim C was strokeed with the victim C for the purpose of retaliation as described in this part of the facts charged (at the time, the Defendant was unaware of the fact that the victim C filed a complaint against the Defendant for rape) at the victim C’s residence, as stated in this part of the facts charged. However, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2) The sentence sentenced by the lower court to the Defendant (two months of imprisonment and three years of imprisonment) is too unreasonable.
B. According to the evidence submitted by the prosecutor, including each statement at investigation agency and court of the court below, the victim C’s misunderstanding of facts or misunderstanding of legal principles (as to the acquittal portion of the court below’s judgment) and rape, the court below found the victim C not guilty of the facts charged on the ground that each crime of special intimidation, assault, and intimidation, such as the defendant’s statement in the facts charged in the judgment of the court below, had been sufficiently recognized as having been in a situation where it was impossible to resist due to the victim C’s waiver of resistance against the Defendant’s exercise of force, such as the above facts charged, as stated in the facts charged in the judgment of the court below, although it was sufficiently recognized at the time when the victim committed the crime as stated in this part of the facts charged, the court below
B) On January 3, 2017, the victim C is the lower court’s judgment.