Defendant

In addition, the appeal by the requester for the order to observe the protection is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant and the claimant for the observation order of protection (hereinafter “the defendant”) against the facts charged of this case by misunderstanding the facts or misapprehending the legal principles, is erroneous in the misapprehension of facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

1) There was no assault or intimidation to the extent required for rape at the time of the instant case.

B) Even if rape is recognized by the Defendant, there is no relationship between the rape and the injury of the victim.

C) The injured party’s wife suffered is naturally cured and there is no evidence that the injured party received a separate treatment. Thus, this does not constitute injury to the injured party of rape.

2) There was no assault or intimidation to the extent required for the robbery at the time of the instant case.

B) The possession of the Handbag from the victim H was carried out in the course of taking the possession of the Handbag from the victim’s H, and the exercise of force was not carried out for the purpose or to suppress the victim’s resistance.

B. The punishment sentenced by the court below (three years of imprisonment) is too unreasonable.

(c)

In light of the fact that there is no record of punishment against the defendant for the wrongful assertion of disclosure and notification order, the circumstance of the crime of this case and the attitude of the defendant after the crime of this case, the age, criminal conduct, environment, etc., the order of the court below to disclose and notify the personal information of the defendant for a period of five

2. Determination

A. 1) In order to establish the crime of rape as to whether a mistake of facts or a mistake of law constitutes violence or intimidation in the crime of rape, the perpetrator’s assault or intimidation shall be limited to the extent that it makes it impossible or considerably difficult for the victim to resist, and the assault or intimidation is not possible or considerably difficult.