The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The victim's police statements, the only evidence supporting the facts charged in this case, lack clarity and consistency, and thus it is difficult to regard them as evidence of conviction.

Therefore, it is difficult to view that proof was made to the extent that there is no reasonable doubt as to the facts charged of this case.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and erroneous.

When committing the instant crime, the Defendant was in a state of mental health and physical disability.

The sentence of unfair sentencing (three years and six months of imprisonment) by the lower court is too unreasonable.

Judgment

The defendant alleged that the mistake of facts and misapprehension of legal principles were identical to this part of the grounds for appeal, and the court below rejected the above assertion in detail by stating in detail the decision.

In light of the evidence duly adopted and examined by the court below, the judgment of the court below is justified, and the defendant's assertion of misconception of facts and misapprehension of legal principles

According to the records on the argument of mental disorder, although the defendant appears to have a considerable amount of drinking at the time of the crime in this case, in light of the content of the crime, the defendant's behavior before and after the crime, etc., it does not seem that the defendant lacks the ability to discern things or make decisions due to drinking.

There are circumstances favorable to the Defendant, such as the fact that the Defendant appears to have caused the instant crime in a somewhat contingent and contingent manner after drinking together with the victim, that the victim wanted the Defendant’s prior action, and that there is no previous fault with the Defendant.

However, in light of the object and contents of the crime, the crime of this case is very rough and bad, and the defendant does not object to the mistake while denying the crime.