강간치상등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Sexual assault, 40 hours against the defendant.
1. Summary of grounds for appeal;
A. Although there was an indecent act by a mistake of facts by force against the victim, there was no intention to rape and there was no sexual intercourse with the victim by assault and threat.
Nevertheless, the lower court found the Defendant guilty of this part of the facts charged.
B. The sentence imposed by the lower court on the Defendant (three years of imprisonment) is too unreasonable.
C. It is unreasonable for the lower court to order the Defendant to disclose and notify personal information for five years.
2. Determination
A. The Defendant asserted that the crime of rape itself was attempted because he did not have sexual intercourse with the victim in the lower court’s judgment on the assertion of mistake of facts.
The lower court rejected the Defendant’s assertion on the ground that, in full view of the circumstances acknowledged by the evidence duly admitted and investigated, the Defendant was sufficiently recognized as having sexual intercourse with the victim by inserting his sexual organ into the victim’s sound form through assault and intimidation, as stated in paragraph (1) of the crime committed in the lower judgment, based on the following facts:
In light of the records, the above judgment of the court below is just and there is no illegality that affected the judgment by mistake of facts.
In addition, when the victim was investigated by an investigative agency, the victim was unable to make a true statement due to the victim's decentralization and the baring of her mother.
The circumstances alleged by the Defendant in the grounds of appeal are insufficient to reverse the lower court’s judgment on the grounds that the Defendant’s NA or sperm was not detected in the victim’s quality content.
B. The Defendant did not have the same criminal power, and recognized each of the instant crimes as a substitute, thereby contravening his/her own mistake.
Even the family members and branch members of the defendant want to be the wife of the defendant.
The defendant is a victim.