유사강간등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. On March 6, 2017, Defendant (in fact-finding, misunderstanding of legal principles, misunderstanding of facts, or misunderstanding of legal principles) was a special injury (Article 1-A-1 of the criminal facts in the original judgment) (1) misunderstanding of facts on March 6, 2017, the Defendant used the victim’s arms and legs as his/her hand while fighting with the victim B (the age of 47). The Defendant did not assault the victim as stated in this part of the facts charged, or did not injure the victim, or did not injure the victim, such as the bones, bones, etc., or did not gather any dangerous object.
The victim’s statement on this issue cannot be trusted due to lack of consistency, and the remainder of the evidence alone cannot be deemed to have proved that this part of the facts charged was proven without reasonable doubt.
Nevertheless, since the court below found the defendant guilty of this part of the facts charged, it erred by mistake of facts.
(2) Even if based on the statement by the victim of legal principles, the Defendant collected the age, which is a dangerous object, after the victim was injured, and did not assault the victim or inflict an injury on the victim while carrying the age.
Nevertheless, the court below found this part of the facts charged as a crime of special injury and found it guilty, which erred by misapprehending the legal principles.
B) The point of special injury resulting from September 16, 2017 (the crime No. 1-B of the original judgment)
A) The Defendant, while carrying the buckbucks, did not have caused the victim B to do so. The victim’s statement related thereto is not consistent, and it is difficult to view that the victim’s form, degree, and location was faced with the difficulty in credit. Nevertheless, the lower court found the Defendant guilty of this part of the charges by reliance on the victim’s statement without credibility, and thus, found the Defendant guilty of this part of the charges (Article 2 of the facts stated in the original judgment). (C) The Defendant assaulted the victim B on March 6, 2017.