All appeals filed by the defendant and prosecutor are dismissed.

Summary of Grounds for Appeal

Defendant

With respect to the crime of attempted rape, which is the first crime of mistake of facts and misapprehension of legal principles, the defendant was at the time of the above victim C while she had a dispute with the victim due to the problem of drinking alcohol, but there is no fact that he went to the her under an agreement with the victim C, and that she did not assault or rape with C with the criminal intent of rape.

Nevertheless, the judgment of the court below which found the defendant guilty of attempted rape among the facts charged is erroneous in misconception of facts and misapprehension of legal principles.

The sentence of imprisonment (two years of imprisonment) imposed by the court below on the defendant is too unreasonable.

According to a prosecutor's mistake of facts and misapprehension of legal principles on the injury caused by rape, etc., the victim suffered bodily injury of the victim C and the injury of the two parts, which was caused by the Defendant's assault, and constitutes the injury caused by rape.

Nevertheless, the judgment of the court below that the injured party C did not constitute the injury caused by rape is erroneous in the misunderstanding of facts and misapprehension of legal principles.

In full view of the evidence submitted by the prosecutor, such as the credibility of the victim L's statement about the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, the court below found the defendant guilty of rape of the victim L, which is in a state of her failure to resist, but found the defendant not guilty of this part of the facts charged.

The sentence imposed by the court below on the defendant is too uneasible and unfair.

Judgment

As to the Defendant’s assertion of misunderstanding of facts and misapprehension of legal principles, the Defendant argued to the same effect as this part of the appeal.

The court below, under the title "the judgment on the defendant's and his defense counsel's assertion", states in detail this part of the defendant's assertion and its judgment.