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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Whether the Defendant had sexual intercourse under mutual agreement with the victim’s entry in a toilet with an erroneous determination of facts and misapprehension of legal principles, and the Defendant did not have rape upon the victim’s entry in a toilet.
The defendant takes the head of the victim in a toilet or "if the defendant only takes the victim's head".
Fluora
해. 꼼짝하지 마.
There is no fact that it is said, and no rape is made after suppressing the victim's resistance.
2) Although the Defendant in a special injury portion was aware of the victim’s growth with his/her capital loss, there is no fact that the victim inflicted an injury on the victim under the conditions of the kitchen knife. The victim seems to have taken the flife with his/her capital loss by mixing with his/her mind. (b) The lower court’s sentence of unfair sentencing (such as imprisonment with labor for three years) is too unreasonable.
2. Determination
A. As to the Defendant’s assertion of misunderstanding of facts and misapprehension of legal principles, the lower court found the Defendant guilty of this part of the charges for the following reasons.
(1) The victim made the following statements from the investigative agency to the court of the court below.
From the day of the case, there was a dispute between the defendant and the victim's male relation, and the defendant assaulted the victim, and the police incidental to the object.
After the police return, when the victim gets out of the toilet to see the day, the victim gets out of the toilet, and the defendant gets out of the toilet, and the defendant gets out of the toilet, and her hand get out of the leging lux and panty of the victim, and get out of the victim's head.
Fluora
해. 꼼짝하지 마.
After the phrase "," the victim committed sexual intercourse in the rear and rear side of the victim's shoulder and lusence. The victim resisted against "I go to go to go to her," but the victim did not have the power of a male defendant, and there was an other victim's child outside the toilet.