beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misapprehension of the legal doctrine, the Defendant only committed a sexual intercourse under an agreement with the victim and did not have a sexual intercourse.
The court below found the defendant guilty of the facts charged of this case on the grounds of the victim's statement, but the victim knew that the defendant had a sense of view to C at the time, and did an offensive and improper act, such as drinking alcohol at the meeting of the party meeting of the party meeting, drinking the defendant with the view to drinking her her her, and attempting to her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her
In light of the following: (a) the Defendant’s question was ordered to “on board the ship,” thereby dividing a conversation that can be divided into a sexual intercourse or a sexual intercourse under the agreement; (b) the toilet knife his hand on the toilet in the aftermath of the sexual intercourse, and knife him at the scene of the instant case; and (c) the Defendant sent and received a daily G message with C after the day, referred to as “A from the day” and sent the Defendant as “A from the day,” etc., the victim’s statement, the only evidence of the facts charged in the instant case, is not reliable; and (d) therefore, the facts charged in the instant case should be acquitted on the ground that there is no proof of a crime, and thus, the lower court erred by misapprehending the legal doctrine and misapprehending the legal doctrine.
B. The sentence sentenced by the court below to the defendant (the sentence of imprisonment of three and forty years and forty and forty hours and the order to complete a sexual assault treatment program) is too unreasonable.
2. Determination
A. 1) First, we examine the credibility of the victim’s statement in light of the misunderstanding of facts and the misapprehension of legal principles.
A) The credibility of the first instance trial and the appellate trial in accordance with the spirit of the substantial direct trial doctrine adopted by the Korean Criminal Procedure Act as an element of the trial-oriented principle.