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The defendant's appeal is dismissed.
Reasons
The court below's scope of adjudication was sentenced to a judgment dismissing the prosecutor's request with respect to a case prosecuted against the defendant in the judgment of conviction, and the defendant appealed only against the defendant. Accordingly, there is no benefit of appeal with respect to the request for attachment order.
Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. for Specific Criminal Offenders, the part of the judgment below regarding the request for attachment order among the judgment below is excluded from the scope of the judgment of this court, and only the part of the judgment of the court below concerning the defendant case
2. Summary of grounds for appeal;
A. As stated in the facts charged in this case, the Defendant asserted mistake of facts, even though he did not assault the victims due to rape, indecent act by force, or display a knife knife, etc., as stated in the facts charged in this case, the lower court found the victims guilty of all the facts charged in this case based only on the statements of the victims with no credibility
B. The sentence imposed by the lower court on the assertion of unfair sentencing (ten years of imprisonment) is too unreasonable.
3. Determination
A. In the lower court’s determination of mistake of facts, the Defendant asserted to the same effect as the grounds for appeal, and the lower court, based on the duly admitted and investigated evidence, determined that the Defendant could sufficiently recognize the facts of rape, indecent act by force, or assault the victims, as shown in the instant facts charged, by comprehensively taking account of the circumstances as indicated in its reasoning.
A thorough examination by comparing the above judgment of the court below with the records may be recognized as legitimate. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, the victim C, committed rape on January 16, 2014.