Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Summary of Grounds for Appeal

The defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") have sexual intercourse under the agreement with the victim, and they do not have sexual intercourse with the victim by taking advantage of the victim's failure to resist, such as the criminal facts, at the time of original adjudication.

In light of the background leading up to the Defendant’s instant crime, etc., the lower court’s imprisonment (three years of imprisonment) is too unreasonable.

Judgment

The lower court also rejected the Defendant’s assertion of mistake of facts or misapprehension of legal doctrine on the part of the Defendant case on the ground that “The Defendant may sufficiently recognize the fact that the Defendant had sexual intercourse with the victim by taking advantage of the victim’s state of refusal to resist, considering the following circumstances.”

① The victim, from the police to the court of law, has consistently made a statement about the process of escape, etc. of the Defendant, while moving the Defendant and E from the Defendant to the Defendant’s home and singing room to the Defendant’s residence; the situation in which the victim was sexual intercourse with the Defendant among those who had been under the influence of drinking at the Defendant’s home and singing room; the victim’s family members found the Defendant; and the victim’s family members were under investigation in relation to the instant crime.

The above contents of the victim's statement are very concrete, and there are many difficulties in making statements without direct experience due to nature, and the victim's attitude to make a statement in court does not seem to have made a false statement due to the fact that the victim's attitude to make a statement is also serious.

② The Defendant continued to display his identification at the door and singing room to the Defendant, and the Defendant intending to sleep together with his female living together with the said female, and helps the Defendant to see her will.