Text
Defendant
In addition, all appeals filed by a person subject to attachment order, a person subject to probation order and a prosecutor shall be dismissed.
Reasons
Summary of Grounds for Appeal
A. The sentence (one-year imprisonment, etc.) imposed by the lower court on the Defendant and the person to whom the attachment order was requested or the person to whom the probation order was requested (hereinafter referred to as the “defendant”) is too unreasonable.
B. A prosecutor 1) According to the victim’s statement in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (rape-rape) and the victim’s statement, the court below acquitted the Defendant of this part of the facts charged, even though the Defendant was found to have sexual intercourse with the victim by taking advantage of the victim’s state of refusal to resist under the influence of alcohol.
B) In light of the victim’s statement in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) and the coercion of the Defendant’s behavior itself, the Defendant’s rape may be acknowledged. Nevertheless, the lower judgment that acquitted the Defendant of this part of the facts charged is unlawful by misunderstanding the facts and misunderstanding the facts. C) According to the victim’s statement, etc. as to each of the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (compacting fraud, etc.) against B
There is an error of misconception of facts in the original judgment that acquitted each of the facts charged.
2. The sentence imposed by the court below on the defendant is too uneasible and unfair.
2. Determination of the accused case
A. 1) Determination of the Prosecutor’s misunderstanding of the facts
The Defendant found the Defendant not guilty of this part of the facts charged on the ground that it is insufficient to recognize that the Defendant had sexual intercourse with the victim by recognizing such victim’s status.
The court below's findings are the following circumstances, which are acknowledged by the evidence duly adopted and investigated by the court below, that is, the victim shall be correctly forgotten by the investigative agency.