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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. Although the Defendant and the person against whom the attachment order was requested by mistake of facts (hereinafter “defendants”) inflict an injury on the victim, there was no fact that the victim had been detained and there was no sexual contact with the victim, nor committed rape against the victim.
In light of the fact that the contents of the written statement submitted by the police are inconsistent with the victim's other statements, there are many telephone records during the time when the victim asserts that he was raped, and in light of the relationship between the victim and N, etc., the court below erred by misapprehending the facts charged in this case by reliance on the victim's statement that is not reliable, thereby finding the Defendant guilty of the facts charged.
B. The lower court’s sentence of unreasonable sentencing (ten years of imprisonment, information disclosure and notification five years, and 10 years of employment restrictions on welfare facilities for children and juveniles, institutions related to children and juveniles, etc.) is too unreasonable.
2. Determination
A. The lower court also asserted the same purport as the grounds for appeal in this part, and rejected the above assertion in detail by stating the Defendant’s assertion and its decision in the “decision on the Defendant’s and his defense counsel’s assertion.” Examining the reasoning of the lower judgment compared with the record, the lower court’s aforementioned determination is justifiable, and there is no error of misconception of facts, as otherwise alleged in the grounds for appeal. 2) The Defendant’s judgment on the allegation of unfair sentencing is contrary to recognizing the fact that the Defendant inflicted an injury on the victim.
Family members of the defendant are seeking the defendant's preference.
These circumstances are favorable to the defendant.
However, the Defendant committed a serious crime resulting from rape after having detained the victim.
The defendant has been sentenced two times for the same crime, and in particular the Daejeon District Court on April 17, 2014.