beta
Text
Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. With respect to the crime of rape by mistake of facts against the defendant and the person subject to a request to attach an attachment order (hereinafter “the defendant”), there was no fact that the defendant committed rape or attempted to commit rape because the defendant did not assault the victim and did not do so at the time, and since the defendant was in a state where he did not unsatisfed a sexual organ, and was in a state where the roof was reduced, it was impossible to engage in sexual intercourse. In addition, there was no fact that the victim committed rape or attempted to commit rape because he did not freely act in his residence at the time and going out, etc. In addition, there was no fact that the victim detained the victim. Nevertheless, the court below erred by misapprehending the fact that it found the defendant guilty of the charge of rape, bodily injury, and confinement against the defendant, which affected the conclusion of the judgment, and thus unfair sentencing (five years of imprisonment) is too unreasonable.
B. The prosecutor’s sentence of the lower court (five years of imprisonment) is too unhued and unreasonable.
2. Determination on the part of the defendant's case
A. On August 9, 2016, the Defendant did not state the grounds for appeal in the petition of appeal regarding the Defendant’s assertion of mistake, and the Defendant and the Defendant’s public defender served the notification of the receipt of the trial records on August 9, 2016, and the Defendant’s public defender submitted the grounds for appeal on August 19, 2016, which is the legitimate period for submission of the appellate brief
After that, on September 6, 2016, the Defendant appeared at the first day for pleading of the trial of the first instance on which the trial was not timely, and stated to the effect that he denies the crime. On September 21, 2016, the Defendant’s state appointed defense counsel contests the mistake of facts and unreasonable sentencing of the lower judgment, and additionally filed the grounds for appeal.
Therefore, any mistake of facts that Defendant and Defendant’s public defender asserted in the oral proceedings and the statement of grounds of appeal after the lawful period for submission of the grounds of appeal cannot be a legitimate ground
Therefore, there is an error of law that affected the judgment regarding the argument of mistake of facts.