성폭력범죄의처벌등에관한특례법위반(강간등상해)등
1. The part of the judgment below regarding the defendant's case shall be reversed.
2. The defendant shall be punished by imprisonment with prison labor for seven years;
3. The defendant;
1. Summary of grounds for appeal;
A. Defendant and the respondent for an attachment order (1) misunderstanding of facts and misunderstanding of legal principles and the respondent for an attachment order (hereinafter “Defendant”)
(2) There is a fact that the victim, while drinking together with the victim, has a dispute with the victim and brought an injury to him/her at the time of the victim. In addition, the victim thought that the defendant had a sense of view, and tried to make sexual contacts, such as talking with the body of the victim and intending to get off his/her clothes, but there is only a fact that the victim strongly refused to do so, and there is no fact that the defendant assaulted the victim and raped the victim on the part of the dangerous object. 2) Even if the charge of the instant case is found guilty, the lower court’s imprisonment (eight years of imprisonment) is too unreasonable.
3. The lower court’s illegality of an attachment order and an attachment of an electronic tracking device for ten years and disclosure and notification of personal information of the accused for ten years, but this is too harsh to the accused in light of the family relationship of the accused.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. As to the Defendant’s assertion of mistake of facts, etc., the lower court also asserted the same purport as that of this part of the grounds for appeal, and the lower court, in its detailed statement on this issue under the title “determination of the Defendant and his defense counsel’s assertion”, determined that the Defendant, while carrying dangerous objects, such as the instant facts charged, raped the victim and inflicted bodily injury on the victim for about two weeks, including two-time open wounds in need of treatment.
In light of the following circumstances found by the evidence duly adopted and investigated by the court below, the court below's above decision is just and there is a defendant's ground for appeal.