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Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
Reasons
1. Part of the defendant's case
A. The summary of the grounds for appeal 1) Defendant and the person subject to a request to attach an attachment order (the fact-finding) and the person subject to a request to attach an attachment order (hereinafter “Defendant”) committed a sexual intercourse with the victim C at around 03:00 on August 9, 2013, which led to the victim’s natural difficulty and sexual intercourse once, and even at night, the victim’s own consent remains in the telecom, and have not been raped or detained on two occasions as stated in the facts charged. Nevertheless, the lower court which found the Defendant guilty of all the charges concerning the rape and confinement of the Defendant on the grounds of the victim’s statement suspected of credibility, erred by misapprehending the facts and adversely affecting the conclusion of the judgment. 2) In light of the various sentencing conditions of this case, the sentence (4 years, disclosure of information, and notice six years) sentenced by the lower court, which is too unfair.
B. 1) The judgment of the court below on the Defendant’s assertion of mistake of facts was also disputed to the purport that this part of the appeal is alleged, and the court below rejected the Defendant’s assertion in addition to the detailed judgment under the title of “judgment on the Defendant and his defense counsel’s assertion”. The gist of the judgment is as follows.
- The summary of the judgment of the court below in this part - The evidence duly adopted by the court of the court below and the statement of the victim in the court of the court below are based on the following facts and circumstances acknowledged by the victim's attitude of statement, etc., and the credibility of the victim's statement consistent with the facts in this case can be acknowledged that the victim's statement corresponds to the facts in this case was raped and detained
Therefore, the defendant and his defense counsel are not accepted.
▣ 기초사실 1 피고인은 2013. 8. 8. 20:00경 남자친구와 싸우고 헤어져 울고 있는 피해자에게 접근하여 피해자를 위로한 후 함께 술을 마셨고,...