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The defendant's appeal is dismissed.
Reasons
1. On July 3, 2017, the lower court convicted the Defendant on the ground that the Defendant was raped on July 3, 2017, and did not submit a false complaint. However, the lower court convicted the Defendant by mistake of the fact.
2) The sentence of the lower court’s unfair sentencing (two years of suspended sentence for ten months of imprisonment, and one hundred and sixty hours of community service) is too unreasonable.
2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined in the lower court’s determination as to the assertion of mistake of facts, the Defendant, even though having sexual intercourse with D under an agreement with D, committed rape of the Defendant.
false facts have been reported.
The judgment of the court below is justified.
① On July 3, 2017, the day of the instant case, the Defendant: (a) obtained D’s permission to visit by leaving a phone, and (b) sought D’s house with a capital d’s bed.
(2) D has consistently made a sexual relationship from an investigative agency to the original trial under the agreement with the defendant.
was stated.
D's statements on dialogues, grounds leading to sexual intercourses, and the following circumstances, etc., which were divided into the defendant before sexual relations, can be believed in a specific, detailed and consistent manner.
③ At an investigative agency, the Defendant: (a) got off his bridge by cutting off the bridge; (b) was raped by having the string of his her bridge; and (c) was sexually deprived of his mind while being towed.
The Defendant made a statement (the 11,221th page of the investigation record). On the other hand, the Defendant made a relatively concrete statement that D received during rapes of the Defendant (the 12,222th page of the investigation record). Accordingly, the Defendant’s statement on the circumstances at the time of sexual intercourse is inconsistent.
In addition, D was suffering from vertebrates (75,210 pages of investigation records) due to birth in 1949, such as the Defendant’s statement, and D was raped by leading the Defendant.
It is difficult to believe that it has a hot meaning.
(4)