강간미수
The judgment below
The part of the defendant's case shall be reversed.
The punishment of the accused shall be determined by two years.
The defendant and the person requesting probation order (hereinafter referred to as the "defendant") asserted the determination of mistake of facts or misapprehension of legal principles as to the defendant's case, and there was no fact that the defendant and the person requesting probation order only tried to rape the victim only by making a scambling and making the camb
Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, which found the Defendant guilty of the instant facts charged by reliance only on the victim’s statement that falls short of credibility.
Judgment
The Defendant argued to the same effect in the lower court.
The court below rejected the defendant's assertion on the following grounds: (a) under the title of the "Determination on the argument of the defendant and defense counsel", the victim's statement concerning the crime of this case is specific, consistent, and inconsistent; (b) the defendant showed a general attitude of the victim as a sexual assault victim at the time; (c) in light of the specific situation faced by the victim and the circumstances leading to the police, etc., there is no reason to suspect the victim's statement merely because some form of the typical crime was shown differently from the victim; (c) there is no ground to believe that the victim was unaware of the defendant for the purpose of collecting credit rating or withdrawing the illegal game room business; (iv) although the defendant's assertion was made, it is merely a minor portion not directly related to the facts charged; and (v) even if the defendant's statement made at the prosecutor's office, it is recognized that the defendant knew the victim's resistance and attempted to rape, and thus, found the defendant's assertion on the facts charged of this case.
According to the evidence duly admitted and examined by the court below, the circumstances found by the court below are recognized, and the defendant is charged in addition to the following circumstances acknowledged by the evidence.