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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant case 1) The Defendant and the respondent for an attachment order (hereinafter “Defendant”) are only the Defendant and the respondent for an attachment order.
(2) The first instance court found the victim guilty of all the charges of this case by reliance on the statement of the victim without credibility, despite the circumstances such as the fact that the victim was at the time of rape, but this was not aimed at rape. Since the defendant had sexual intercourse under the agreement with the victim at the her mother, the first instance court found the victim guilty of all the charges of this case by reliance on the statement of the victim without credibility. 2) The sentence of imprisonment (12 years of imprisonment, etc.) sentenced by the first instance court is too unreasonable
B. The Defendant for whom a request to attach an attachment order was made does not commit the crime of rape and injury in the instant case, which was the cause of the request to attach an attachment order, and the attachment period (20 years) ordered by the first instance court is too unfair
2. Determination
A. Defendant case 1) As to the assertion of mistake of facts in the first instance court, the Defendant argued the same purport as the grounds for appeal in this part, and the first instance court rejected Defendant’s assertion in detail by providing a detailed statement of the Defendant’s assertion and the credibility of the victim’s statement with the title “determination of the Defendant and his defense counsel’s assertion” in the said judgment. If the first instance court’s judgment is compared with the records, the judgment is reasonable and acceptable. As such, this part of the Defendant’s assertion is without merit. As to the assertion of unreasonable sentencing, the Defendant is recognized as a favorable factor for sentencing, such as fraud and larceny
However, the defendant takes doping that he takes the victim's house into a non-human place, and assaulted the victim without any consent for a long time, thereby causing serious injury to the victim, and later sexual intercourse with the victim, and uses a dynamic and dynamic method that may cause extreme sense of shame to the victim, such as inserting the victim's sexual organ into the mouth and anus of the victim, and thus, the method of committing the crime is extremely dangerous.