Text
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for six years.
. Information on the Defendant.
Reasons
1. Summary of grounds for appeal;
A. Part 1 of the case of the defendant and the person requesting an attachment order (hereinafter referred to as the "defendant")
(2) Although there is a fact that there was a sexual intercourse with the victim M, or that there was no fact that the victim had a sexual intercourse with the victim M. However, this is based on an agreement, and there was no assault on the victim. Nevertheless, the court below accepted the victim D and M’s statement without credibility, and found the victim guilty of rape, injury and confinement against the victim D, and rape injury against M. The court below erred by misapprehending the facts, which affected the conclusion of the judgment. 2) The court below’s sentencing (7 years of imprisonment) against the victim of unfair sentencing is excessively unreasonable.
3 Even in extenuating circumstances where disclosure or notification of personal information of the improper defendant should not be disclosed or notified, it is unfair for the court below to issue an order to disclose or notify personal information.
B. Although it is difficult to see that the defendant applied for an attachment order to the part of the case, and furthermore, it is unreasonable for the court below to order the defendant to attach an electronic tracking device for 20 years, even though the defendant is not likely to recommit a sexual crime.
2. Determination on the part of the defendant's case
A. As to the assertion of misunderstanding of facts, the lower court found the Defendant guilty of this part of the facts charged for the following reasons.
The victim's statements are consistent and concrete about the defendant's act, contents of damage, the fear and response of the victim, and the situation before and after the crime.
The contents of the victim's statement are different from the contents of the victim's statement given and received by the defendant and the victim after committing the crime, and the diagnosis or photograph, etc. of the victim's injury.