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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) In the instant facts charged, the Defendant’s arrest of a flagrant offender against the Defendant was conducted for about 35 minutes after a forced indecent act was committed, and thus, cannot be deemed to have been committed. Since the Defendant did not disclose his personal information to the police officer in mobilization and did not intend to flee at the scene, there was no need to arrest a flagrant offender. At the time, the dispatched police officer did not notify the Defendant of the instant principle.
Therefore, the arrest of a flagrant offender of this case constitutes an illegal arrest of a flagrant offender, and at the time the police officer was in lawful performance of official duties.
shall not be deemed to exist.
B) Of the facts charged in the instant case, the Defendant did not have committed an indecent act by force against the victim G.
2) The sentence of the lower court’s unfair sentencing (the imprisonment of eight months and the suspension of the execution of two years, the community service order of 120 hours, and the order to attend a sexual assault treatment lecture of 40 hours) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Judgment on the Defendant’s assertion of mistake of facts
A. 1) The lower court asserted that the Defendant’s use of violence against a police officer constitutes a legitimate defense against a police officer to escape from an unjust infringement on his/her body, on the following grounds. The lower court rejected the Defendant’s allegation on the following grounds.
The following circumstances acknowledged by the evidence duly adopted and investigated by the court of the court below, i.e., (i) reported 112 to the restaurant of this case that there was a person who spawn on the restaurant of this case; (ii) at the time the defendant was suffering from disturbance, and (iii) stated that the defendant was spawn on the restaurant of this case, and (iv) the defendant was satnized with her chest and her satt.