Defendant

In addition, all appeals by the requester for the attachment order, the requester for the protective order, and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Defendant and the requester for the attachment order, the requester for the protective order (hereinafter “Defendant”), and the requester for the protective order (hereinafter “Defendant”) are erroneous or misunderstanding the legal doctrine regarding the crime of rape (as to the judgment in the judgment of the lower court), and the Defendant’s sexual intercourses with the victim on two occasions at the inside the inside of the lower court, but this does not result in either mutual agreement or intimidation

However, the court below erred in recognizing rape by intimidation with the victim.

2) The sentence of the lower court’s improper sentencing (three years of imprisonment) is too heavy.

B. Prosecutor 1) Unfair sentencing in the part of the Defendant case: The lower court’s punishment is too minor.

2) Since the defendant in the part of the case of the attachment order and the protective observation order is highly likely to recommit sexual crimes, it is necessary to observe protection along with the attachment of the tracking device after the execution of the sentence is completed.

However, the court below's rejection of it is unfair.

2. Determination

A. As to the Defendant’s assertion of misunderstanding of the facts or misapprehension of the legal principles, the lower court also asserted that the Defendant had the same purport as the assertion of misunderstanding of the above facts or misapprehension of the legal principles regarding the crime of rape in this case. Accordingly, the lower court rejected the Defendant’s above assertion to the effect that, in full view of the following: (a) the circumstance in which the victimized person, based on the legal principles and the grounds as indicated in its reasoning, established a sexual relationship with the Defendant; (b) the background leading up to the establishment of the sexual intercourse with the Defendant; (c) the victim’s age and the injured; (d) the relationship with the Defendant; (d) the content of the message sent by the Defendant to the victim; (e) the post and after sexual intercourse; and (e) the victim’

The following circumstances, which can be additionally known by the evidence that the court below adopted and investigated by different reasons, are the defendant from the beginning of the prosecution.