Defendant

In addition, all appeals filed by the claimant for observation order and the prosecutor are dismissed.

The court below dismissed the prosecution on the charge of assault, among the facts charged in this case, and acquitted the charge of special intimidation, special assault, and confinement, and acquitted the charge of rape.

As to this, the Defendant appealed against the conviction portion. The Prosecutor indicated the scope of the appeal in the petition of appeal as “wholly,” but, in light of the statement of reasons for appeal, etc., only the mistake of facts and mistake of legal principles as to the illegal sentencing and the acquittal portion is disputed. Therefore, the dismissed part of the prosecution becomes separately determined and excluded

The summary of the grounds for appeal is limited to the defendant and the requester of the protective order (hereinafter referred to as the "defendant").

The punishment sentenced by the court below (one year of imprisonment, confiscation) is too unreasonable.

Rape may be established in the part of the case against the Defendant by the public prosecutor, misunderstanding of the legal doctrine or misunderstanding of the legal doctrine, and such determination shall be based on whether the victim had forced force against the victim’s will at the time of sexual intercourse. Although the victim expressed from the investigative agency to the court of the court below that he would not have sexual intercourse with the Defendant, the victim had sexual intercourse with the victim’s arms and legs.

In light of the fact that the consistently stated statement, the fact that the victim did not resist the victim's sexual intercourse is due to the fact that the victim had already been in a situation where it is considerably difficult to resist due to the Defendant's assault, and the fact that the victim submitted an application for no punishment and stated that the victim was love, not rape, does not constitute a assault by the Defendant or a sexual relationship based on the victim's will, it can be acknowledged that the Defendant raped the victim.

Nevertheless, the judgment of the court below which acquitted rape is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

The punishment sentenced by the court below is too uneasy and unfair.