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Defendant
In addition, both the appeal by the person requested to attach an attachment order and the appeal by the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court against Defendant and the person who requested the attachment order (adubly unfair) is too unreasonable.
B. Prosecutor 1) The statement made by the victim about the mistake of facts about the part of innocence [the charge of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Special Rape with respect to Victims S and the charge of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes)] shall be made by the defendant and the person who requested the attachment order (hereinafter referred to as
In full view of the following facts: (a) the Defendant committed another crime in the vicinity of the victim’s residence; and (b) the Defendant stated that “the Defendant was able to drive away from the victim’s residence and stolen the victim’s sexual desire,” etc., the Defendant may recognize the fact that the Defendant attempted to rape and commit an attempted rape with a dangerous object by impairing the victim’s residence. Therefore, the lower court’s judgment that acquitted the Defendant of this part of the facts charged was erroneous by misapprehending the facts and adversely affecting the conclusion of the judgment. (b) In so doing, the lower court’s sentence of unreasonable sentencing is too unreasonable and unreasonable.
2. Determination
A. On January 20, 2016, the Defendant of this part of the facts charged charged: (a) around 23:30 on January 20, 2016, the Defendant: (b) found the victim S (in the vicinity of the house of 46 years old and older, the victim discovered that he was only the victim; (c) opened the entrance at the house of the female when the victim followed the victim; (d) opened the entrance; and (e) opened the entrance at the house of the female; (e) opened the entrance to close the entrance; and (e) led the victim who was off of the entrance; and (e) led to the following back of the victim who was off of the entrance; (e) forced the victim to prevent the suffering of the victim by her hand and flicking the victim’s resistance, which is a dangerous object; and (e) attempted to rape the victim with the victim’s face; and (e) attempted to commit rape with the victim “hying”.
In this respect, the Defendant invaded upon the dwelling and thereby was dangerous.