The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for ten years.

For the defendant 40 hours.

The court below found the victim B guilty of special rape, indecent act by force, and attempted murder among the facts charged in the instant case, and dismissed the prosecution on the crime of assault, and found the victim C guilty of attempted quasi-indecent act by force on the grounds of not guilty.

Accordingly, the Defendant filed an appeal against the guilty portion, and the prosecutor did not file an appeal. The dismissal of public prosecution without filing an appeal has become final and conclusive as it is, and the acquittal portion is transferred to this court, along with the convicted portion, in accordance with the principle of no appeal, pursuant to the principle of no appeal, but with respect to this portion, so it is de facto relieved from the object of an attack and defense between the parties and is subject to an appeal (see, e.g., Supreme Court Decisions 2004Do5014, Oct. 28, 2004; 2009Do12934, Jan. 14, 2010). Ultimately, the judgment of this court is limited to the criminal facts that the lower court found guilty.

Summary of Grounds for Appeal

A. The court below erred by misapprehending the legal principles as follows.

1) As to the special rape against the victim B, the lower court found the Defendant guilty of this part of the charges on the sole basis of the victim’s statement without credibility, even though the Defendant committed assault against the victim, and did not commit rape by threatening a knife.

3. As to the attempted indecent act by blood relationship with the victim C, the lower court did not have any credibility despite the fact that the Defendant attempted to commit an indecent act against the victim.