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Defendant
In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant and the person who requested an attachment order (hereinafter “Defendant”) (hereinafter “Defendant”) are aware that “sethyl melting”, which is the maximum face-to-face file containing the mm content, is about 1).
Since it cannot be deemed that the victim was in an impossible state of resistance, the victim was not in an impossible state of resistance at that time.
2) The sentence of the lower court (four years of imprisonment) that is unfair in sentencing is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly admitted and examined by the lower court as to the Defendant’s assertion of mistake of facts, the Defendant’s assertion of mistake of facts is not accepted, since it is sufficiently recognized that the Defendant abused the victim and raped the victim.
(1) The injured party dices from the Defendant with a beverage containing ingredients by the stroke m, and the stroke m is a single-time water surface used for stroke m.
② The victim, at the police station, was divingd after drinking the above drink, but the Defendant was unaware of her clothes, and the lower part of the said drink was hick, but the body did not hear the body, and it was difficult for the victim to walk properly because he did not go through the telecom.
was stated.
③ At the prosecutor’s office, the Defendant sleeped the sleep as a result of the sleeping of the sleep, sleeped, and was aware that the sleep is not well memory after the sleep, and the Defendant sleeped the sleep m to the victim, while giving 20,000 won to the victim, and the victim was sleeped at the time of inserting the sleep into the slick.
was stated.
④ In light of the above statements made by the victim and the defendant, the defendant's act of having the victim take a stroke m to the extent that it is impossible or considerably difficult for the victim to resist.