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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. The lower court found the Defendant guilty of the instant charges by misapprehending the legal doctrine, or by misapprehending the legal doctrine, even though the Defendant and the respondent for the attachment order (hereinafter “Defendant”) were not aware of the fact or committed an indecent act by force against the victim.
B. The sentence of the lower court’s sentence against an unfair defendant in sentencing (three years of imprisonment, etc.) is too unreasonable.
2. Determination
A. In light of the following circumstances, the lower court determined that the Defendant’s part 1 of the instant case was erroneous or misapprehension of the legal doctrine, and that in light of the following circumstances, the lower court can recognize the fact that the Defendant forced the victim to commit an indecent act while kneekne.
The decision was determined.
(1) At the time of the commission of the crime by an investigative agency to the court of the court below, the victim consistently got knee-knee-kne, and that the Defendant was able to kne-knee-knee-kne-kne-kne-kne-kne-kne
At the time, the circumstances are stated.
(2) In addition, the victim suffered pantyty at the time of committing the crime in the court of the court below, and the panty color was a panty color.
In other words, the defendant made a concrete statement in his clothes at the time.
(3) The victim’s room, which is the place where the instant forced indecent act was committed, is merely a space to the extent that the victim would occupy most of the intrusion (Evidence Records No. 26 pages), and even considering the fact that the victim was a shouldered at the time, the victim was aware of whether the Defendant was the Defendant’s seat.
It is difficult to see that the victim had a clear reason to see that it was false for the victim to mislead the defendant, and the victim suffered from the defendant's past lapsing and verification process at the time by the investigative agency.
The statement (Evidence No. 9) is consistent with the clothes of the defendant at the time of the defendant's statement (Evidence No. 16, 17 of the evidence record), and is written by the victim.