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Defendant
All appeals filed by A and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) misunderstanding the facts, misunderstanding the legal doctrine, and misunderstanding the victim’sO was under the influence of alcohol, but did not have any mental or physical loss or resistanceable condition, and Defendant A attempted to engage in sexual intercourse with the victim’sO, but did not inserting the sexual organ.
2) The punishment sentenced by the lower court to Defendant A (a prison term of three years, five years of probation, observation of protection, community service, 80 hours of lecture attendance order, 80 hours of lecture attendance order) is too unreasonable.
B. The public prosecutor (unfair sentencing against the Defendants) sentenced by the lower court to the Defendants (a punishment against the Defendants: three years of imprisonment, five years of probation, five years of probation, observation of protection, community service, 80 hours of order to attend a lecture, 80 hours of order to attend a lecture, 3 years of probation, 5 years of probation, observation of protection, community service, 120 hours of order to attend a lecture, 80 hours of order to attend a lecture) are too uneasible and unreasonable.
2. Determination
A. As to Defendant A’s assertion of mistake of facts and misapprehension of legal principles, Defendant A asserted to the same effect as the grounds for appeal in this part of this part, the lower court rejected Defendant A’s assertion on the grounds that Defendant A had sexual intercourse with the victimO in a state of her resistance under the influence of alcohol on the grounds of detailed circumstances in Articles 2(2)1, 2, and 3 of the “Determination on the Defendant’s and his defense counsel’s assertion.”
In addition to the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, the judgment of the court below on this part is just and acceptable, and there is an error of misunderstanding of facts or misunderstanding of legal principles as pointed out by the defendant A.
As such, Defendant A’s assertion on this part is without merit.
1) N is not capable of resisting the victimO) at the police station “The victimO was frequently drinking in the game and drinking alcohol, and earth and sand was buried in the clothes, bed, and the toilet.
When the victim's body can not be divided because the head after the Gu's body was cut back, the defendant B is the defendant.