성폭력범죄의처벌등에관한특례법위반(장애인강간)등
Defendant
In addition, all appeals filed by the person subject to attachment order, the person subject to probation order and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant and the person to whom the attachment order was requested, and the person to whom the probation order was requested, including mistake of facts, and the person to whom the attachment order was requested, and the person to whom the probation order was requested (hereinafter “Defendant
Although there was no fact that the disabled victim attempted to rape and attempted to commit rape, the lower court convicted him of the facts charged in the instant case. In so doing, the lower court erred by misapprehending the rules of evidence and misunderstanding of facts. 2) The lower court’s sentencing is too unreasonable.
B. The lower court’s sentencing is too uncomfortable.
2. Determination
A. Part 1 of the defendant's case asserts that the defendant's assertion of misunderstanding of facts is identical to the above assertion of misunderstanding of facts, etc., and the court below rejected the above assertion in detail, with a detailed statement of the judgment below. If the court below's decision was just and the evidence duly admitted and investigated by the court below in light of the following circumstances, the defendant's above assertion is without merit, and the defendant made a contradictory statement about the victim's wearing panty at the time of the instant case at the police.
(1) However, the victim consistently stated at the police that “the victim was suffering from Dorts and ragings at the time of the instant case, and was panty panty panty panty fluor, and panty panty panty fluor. The victim was suffering from her panty at the time of the instant case.” The victim consistently stated to the effect that her panty was suffering from her panty, such as “The victim was released from her panty panty,” and ② during the stenographic records in the stenographic records in the stenographic note in the stenographic note in the stenographic note in the stenographic note in the stenographic note, the part “doshe was her losheet,” stating “ was her only.”