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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The grounds of appeal are examined to the extent of supplement in case of supplemental appellate briefs not timely filed.
There is no fact that the Defendant, at the time of the instant case, committed rape against the victim itself.
(A) The Defendant is guilty of the facts charged in the instant case based on the victim’s statement, etc., which is not reliable. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
Even if the court below found the defendant guilty of unfair sentencing, the punishment imposed by the court below (the completion of sexual assault treatment programs with three years and forty hours of imprisonment) is too unreasonable.
Judgment
The judgment of the court below on the assertion of mistake of facts also argued that the defendant is identical or similar to the grounds for appeal, and the court below rejected the defendant's assertion on the ground that the victim's statement can be sufficiently believed, taking into account the following circumstances acknowledged by the evidence duly adopted and investigated by the court below. Thus, the defendant can be sufficiently convicted of committing rape as stated in the facts charged of this case.
구체적이고 일관된 피해자의 주요 진술 피해자는 수사기관 이래 원심 법정에서까지"잠들었는데, 밑에서 건드리는 인기척이 나서 눈을 떴다.
Any person has been seated.
On the other hand, the same as the defendant in the country of Germany was the defendant in the country of Germany, and the defendant was ‘B'. The defendant was seated in the state that he would see B, and "B confirmed that he was guilty only once in the Republic of Korea."
Therefore, the inside of the Republic of Korea referred to as "do have been about to do so, I want to do so," and the Defendant stated that "I have confirmed that I will do so only once, and the width is the day off. I will not see why we will do so."