성폭력범죄의처벌등에관한특례법위반(강간등상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for five years.
Sexual assault against the defendant for 80 hours.
1. Summary of grounds for appeal;
A. Defendant 1) The fact that Defendant 1 committed an indecent act on the part of the victim by assaulting the victim due to beer and beer, etc. while being misunderstanding the facts, but there is no fact that the victim was forced to commit an indecent act as shown in the facts charged.
Nevertheless, the judgment of the court below which found the defendant guilty on the grounds of the victim's statement without credibility is erroneous by mistake.
2) The sentence of the lower court’s unfair sentencing (a 3 years of imprisonment, 5 years of suspended sentence, 120 hours of community service, and 80 hours of attending lectures) is too unreasonable.
B. Prosecutor 1) In the event of a misunderstanding of facts or misapprehension of legal principles, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.
The court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment, although it cannot be seen as having been reduced by mental disorder.
2) The lower judgment that exempted the Defendant from an order to disclose and notify the personal information, despite the risk of recidivism and recidivism in sexual assault crimes, is unreasonable.
3) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.
2. Determination
A. As to the Defendant’s assertion of misunderstanding of the facts, the victim, at the investigative agency, the lower court, and the lower court court, the lower court, against the Defendant’s will to keep the chest, put the finger in the panty, and tried the victim’s head who rejected it.
A statement was made in accordance with the facts charged to the effect that other employees are spanched in the face of a spanch with sound due to spanching, etc., and that they are spanched by spanching the body and forced panty.
The victim's statement has consistency and rationality with respect to the details of damage, the situation before and after it, the contents of the defendant's act, etc., and is credibility because there is no obvious motive or reason to dismiss the defendant due to false statements.
As such, credibility.