Text
The judgment below
The part of the request for attachment order shall be reversed.
The person against whom the attachment order is requested shall track the location for ten years.
Reasons
1. Summary of grounds for appeal;
A. The Defendant and the person against whom the attachment order was requested (hereinafter referred to as the “Defendant”) did not commit any assault or intimidation to the extent that the victim committed the crime of rape, or did not commit any intentional rape.
In addition, even if the injured party's wife does not receive treatment, it does not constitute a crime of injury resulting from rape, since the injured party's wife does not interfere with daily life and can naturally recover with the passage of the time.
(2) Under the influence of alcohol at the time of the instant crime, the Defendant was unable to properly discern objects or make decisions.
(3) The sentence imposed by the lower court on the Defendant (at least three years of imprisonment, 40 hours of order, and 4 years of order) is too unreasonable.
B. (1) The prosecutor (1) the sentence imposed by the court below on the defendant is too unjustifiable and unjust.
(2) Considering the fact that the part of the case claiming an attachment order committed both the Defendant’s past and the instant crime were committed by drinking alcohol and the victim’s house, the Defendant is likely to recommit a sexual crime.
Therefore, it is unreasonable for the court below to dismiss the request for attachment order.
2. Determination on the part of the defendant's case
A. (1) According to the evidence duly admitted and examined by the court below as to the Defendant’s assertion of mistake of facts or misapprehension of legal principles, the court below acknowledged the following facts: (a) whether the Defendant had assaulted or threatened the victim to the extent of the crime of rape; (b) led the victim to the victim’s hacks with a stud parking lot; and (c) forced the victim into the studio parking lot; (d) leading the victim to the studio parking lot; and (e) leading the victim into the studio parking lot; and (e) leading the victim to the studio parking lot; and (e) leading the victim to the victim’s panty typbuck.