The judgment below

The non-guilty part concerning rape shall be reversed.

A defendant shall be punished by imprisonment for three years.

(b) the defendant;

1. Summary of grounds for appeal;

A. According to the prosecutor’s erroneous determination of facts and misapprehension of legal principles as to rape 1), the victim appeared to have a refusal response at the time of the sexual intercourse with this part of this case. 2) The victim, who was either her husband and the deceased, was aware of her husband’s arrival.

3) 피고인이 이 부분 간음행위 당시 피해자를 데려갔던 곳은 으슥하고 인적이 드물어 피해자가 반항한다 하여도 다른 사람들이 알기 어려운 장소이었다. 4) 위와 같은 사정 등을 종합하면, 피고인은 2013. 9. 23. 이 부분 공소사실과 같이 피해자의 반항을 억압한 다음 피해자를 1회 강간하였다.

B. On September 29, 2013, the day of the crime in this part, the Defendant, on September 29, 2013, filed a mistake of facts and misapprehension of legal principles with respect to the death resulting from confinement. On the other hand, the Defendant used by the gas charging station to board the victim on a rocketing car, and used it bypass rather than the above. The victim who was raped by the Defendant from the Defendant was trying to get out of the vehicle in order to avoid the situation. (ii) In light of the blood trace of the victim remaining in the accident site, the result of the Defendant’s behavior analysis, and the lower credibility of the Defendant’s statement, the Defendant detained the victim by disregarding and continuing his demand.

3 The Defendant, which caused the death of the victim, by opening a rocketing car in motion and maring the head, caused the death of the victim by facing the head on the road.

C. Therefore, the judgment of the court below which acquitted all of the facts charged of this case is erroneous by misapprehending the legal principles and thereby affecting the conclusion of the judgment.

2. Determination:

A. (1) Determination on rapes 1) Ex officio prior to the prosecutor’s judgment on the grounds for appeal, scambling, and the prosecutor’s judgment.