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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 statement made by the victim of a mistake of fact cannot be trusted, and the defendant and the person against whom the attachment order was requested (hereinafter “defendant”) have attempted to rape the victim.
B. The court below's decision on the grounds of unfair sentencing (three years of imprisonment, five years of disclosure order, and five years of notification order) is unreasonable.
2. Determination
A. The lower court determined that the victim’s statement was credibility in the victim’s statement by comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, comprehensively taking into account the following circumstances: (i) the victim was committed at the place where the crime was committed in this case; (ii) the Defendant’s method of assault at the time of committing the crime; and (iii) the details of the 112 Report Report and the objective situation immediately after committing the crime coincide with the victim’s statement. The lower court convicted the victim of the facts charged on the grounds of the victim’s statement. (ii) The lower court found the Defendant guilty of the facts charged on the ground of the victim’s statement.
Therefore, it is recognized that the defendant attempted to rape the victim, and the victim was injured in the process.
Since the judgment below to the same purport is justified, the defendant's allegation in this part is not accepted.
① Although it is recognized that the victim made a little different statement on the degree of violence committed by the Defendant himself/herself, the order thereof, and the circumstances surrounding him/her, the entire statement is consistent. The difference in the content of the statement is not only the content of the investigator’s inquiry, the victim’s psychological condition at the time of the investigation, etc., but also the assault for the attempt to rape in this case has been neglected and neglected for a considerable period of time, and toilets, etc.