Text
The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
The judgment below
. Innocence.
Reasons
1. Summary of grounds for appeal;
A. Defendant’s assertion 1) In the absence of a fact that the ethyl content containing ethyl ingredients (hereinafter “ethyl content”) was administered to G, the lower court found Defendant guilty of this part of the facts charged on the basis of G’s statement with low credibility, even if the Defendant, as indicated in this part of the facts charged, administered ethyl content to G, which was possessed by the Defendant for a certain degree of intent, as indicated in this part of the facts charged, even if the lower court erred by misapprehending the legal doctrine as to the violation of the Narcotics Control Act, such fact as indicated in this part of the facts charged, cannot be punished as it is because the Defendant dealt with ethyl content in the position of a person who was administered ethyl content from his will pursuant to Article 4(2)1 of the Narcotics Control Act.
3) According to the evidence, such as the video of the photograph (Evidence No. 391-393 pages) submitted by a mistake prosecutor on the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the court below found the defendant guilty of this part of the charges on the ground that the defendant could sufficiently recognize the fact that the 20th female victim was locked in his name using a camera installed in his cell phone on September 10, 201, taking a photograph of the 20th female victim’s brue against his will, but the court below acquitted the defendant of this part of the charges on the ground that the court below erred by misapprehending the facts.
2. The sentence imposed by the court below on the grounds of unfair sentencing is too uneasible and unfair.
2. Determination
A. Of the facts charged in the instant case, the summary of the attempted quasi-rape in the instant charges is as follows: (a) around 03:04 on March 3, 2012, the Defendant: (b) induced the victim R who wants to find a job in the officetels Q2 tea Q771, Sungnam-si, Sungnam-si, to have the victim talk with the interview; (c) caused the fluor to drink the fluor; and (d) caused the victim to drink the fluor by using the gap in which the victim was locked.