Defendant

In addition, both appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant and the person who requested the attachment order (hereinafter “Defendant”) to be mistaken for the fact that the Defendant and the person who requested the attachment order (hereinafter “Defendant”) have sexual intercourse with the victim’s consent, and do not have sexual intercourse with the victim by exercising the force to suppress or make substantially difficult the victim’s resistance due to violence or intimidation.

The judgment of the court below which found the defendant guilty of rape is erroneous by mistake of facts.

2) The lower court’s sentencing (two years and six months of imprisonment) against an unfair defendant is too unreasonable.

B. In full view of the background leading up to the misunderstanding of facts, the background leading up to the victim’s injury, the content of the medical record, etc., we can find out that all of the rest of the upper part of the victim’s left eye is caused by the Defendant’s assault.

In addition, one victim was infected by a sexual disease through a sexual relationship with a third party.

There is no evidence to see.

The judgment of the court below which denied the causal relationship between the victim's sexual disease, face injury, etc. and the rape of the defendant, was erroneous by misapprehending the facts or by misapprehending the legal principles.

2) It is unfair for the lower court to exempt the Defendant from issuing an order to disclose personal information.

3) The lower court’s dismissal of the request for an attachment order against the Defendant with the risk of re-offending is unreasonable.

4) The sentence of the lower court’s improper sentencing is too unfortunate and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts (whether rape is established) Article 297 of the Criminal Act provides that “A person who, through violence or intimidation, has sexual intercourse with another person shall be punished by imprisonment for a limited term of not less than three years.

“......”

In order to establish the crime of rape, the perpetrator’s intimidation should be such as to make it impossible or considerably difficult to resist the victim’s resistance, and whether the intimidation was impossible or considerably difficult to resist the victim.