Text
The defendant's appeal is dismissed.
All of the litigation costs (including the appellate court) shall be borne by the defendant.
Reasons
1. Summary of grounds for appeal;
A. The lower court did not err by misapprehending the legal doctrine, or by misapprehending the legal doctrine, that the Defendant expressed the victim’s desire.
Even if the Defendant expressed the victim’s desire, the Defendant
Even if performance is not recognized, performance is not recognized.
B. The sentence sentenced by the lower court is too unreasonable.
2. Determination
가. 사실 오인 및 법리 오해 주장에 관한 판단 원심이 적법하게 채택하여 조사한 증거들에 의하여 인정되는 다음과 같은 사정을 종합하여 보면, 피고인은 피해자에게 ’ 분수도 모르는 싸가지 없는 년, 뻔뻔하게 잘못해 놓고 연극하고 있네,
The police's expression "I am the word," and the performance of this is also recognized.
Defendant’s assertion is not accepted.
① The victim, “A, first of all, took a bath, and the Defendant first appeared to speak, but the victim is required to report to the police.
하자 피고인이 피해자에게 ’ 분수도 모르는 싸가지 없는 년, 뻔뻔하게 잘못해 놓고 연극하고 있네,
I explained that the police was "I am h'h' in the year after the conclusion of the police."
This content seems to be a substitute for the situation at the time of verification through CCTV images.
② At the time of this case
H는 ’ 분수도 모르는 싸가지 없는 년, 뻔뻔하게 잘못해 놓고 연극하고 있네,
The police unfolded the desire of 'A' in the year after the conclusion of the police.
was stated.
Although H does not seem to clearly memory all the circumstances at the time, the credibility of the above statement is recognized in light of the overall statement content, attitude of statement, etc. of H
③ The place of the instant crime was G, while the victim took part in the instant crime, the victim was committing the instant crime.
H complied with the instant crime, and H was found to be a customer, and H was found to have been sicked in the situation at the time of the instant crime, and was sick in the Dobbbbre.