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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the mistake of facts or misapprehension of legal principles (the defendant and the respondent for attachment order) 1, the defendant and the respondent for attachment order (hereinafter referred to as the "defendant") shall be subject to the violation of the Act on Special Cases Concerning the Punishment, etc.
(2) The Defendant’s request for money from the victim and received KRW 50,00 from the victim during the process of robbery, but there was no assault or intimidation to the extent that the victim’s resistance is suppressing. However, the Defendant did not commit assault or intimidation to the extent that the victim’s resistance is suppressing. In the process of robbery, the Defendant’s request for money from the victim and received KRW 50,00 from the victim.
B. The sentence imposed by the lower court (two years of imprisonment, 80 hours of sexual assault treatment program, and 10 years of disclosure notification order) is too unreasonable.
2. Determination on the part of the defendant's case
A. Determination of misunderstanding of facts or misunderstanding of legal principles 1) In determining the credibility of a statement made by a victim, etc. (special rape) supporting the facts charged, the court shall evaluate the credibility of the statement, taking into account all the circumstances that make it difficult to record in the witness examination protocol, including the appearance and attitude of the witness who is going to make a statement in public court after being sworn in the presence of a judge, and the separation of the statement, etc., and the fact that the statement made by the witness, including the victim, etc., conforms to the rationality, logic, morality, or rule of experience, or conforms to the witness evidence or a third party’s statement, etc., and if the statement made by the witness, including the victim, etc., is mutually consistent and consistent with the facts charged, it shall be objectively deemed to have no credibility.