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The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for three years.
For the defendant.
Reasons
Summary of Grounds for Appeal
Defendant
In addition, the court below found the defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Special Rape) by misunderstanding of facts or misunderstanding of legal principles and other dangerous objects, but it cannot be deemed that there was any other crime in the inside of the defendant, even though the defendant was not a dangerous object such as misconception of facts or misunderstanding of legal principles.
The sentence of imprisonment (four years of imprisonment) imposed by the court below on the defendant is too unreasonable.
A prosecutor - misunderstanding of facts or misunderstanding of legal principles, the Defendant committed rape in a series of processes in which the victim was detained, assaulted, or detained, and assaulted with the intent to rape from the beginning. As such, even though the Defendant could be found to have inflicted an injury on the victim in an opportunity to rape, the lower court erred by misapprehending the legal principles, thereby using the Defendant’s act of assaulting the victim as a means of rape.
The lower court acquitted the Defendant on the charge of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) on the ground that it is difficult to deem that the injury was caused by a tangible force exercised at the time of
The judgment of the court on the part of the defendant's case is to apply for changes in the indictment of this case to the effect that "this is, from January 4, 2016 to 16:00 of the following day, the defendant, while carrying excessive and other dangerous things, he/she detained the victim for about 23 hours from around 17:00 to around 16:00 of the following day, and rape the victim by assault, carrying with him/her dangerous things and other dangerous things, and inflict an injury on the victim, such as scarkeing a fry that needs to be treated for about 6 weeks, while carrying with him/her the dangerous things and other dangerous things in the process."