Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Summary of Grounds for Appeal

With regard to the mistake of facts and misapprehension of legal principles, the defendant and the person subject to a request for attachment order (hereinafter referred to as "the defendant") passed the victim F (the victim 29 years of age, 29 years of age, hereinafter referred to as "victim") and led the victim to the place of the crime in which the victim was living together with the victim who had a large voice as he saw that he she did so, and there was no intention to rape.

However, the court below found the defendant guilty of injury by rape among the facts charged of this case only based on the victim, G, and H's statement, although there is no direct evidence that the defendant did not engage in any speech or conduct that could mislead the criminal intent of rape at the time of this case and there is no criminal intent of rape, and there is no direct evidence that the defendant had committed rape.

Furthermore, even though the Defendant applied for perusal and duplication of the trial records prior to the second trial date of the lower court, the Defendant was not adequately guaranteed the Defendant’s procedural rights, such as being served with the result of the trial after the fourth trial date of the lower court, which is the sentencing date, so the evidence which the lower court considered as the basis for

Therefore, the court below erred by misunderstanding of facts and misunderstanding of legal principles.

The imprisonment (six years of imprisonment) imposed by the court below on the defendant is too unreasonable.

Judgment

As to the assertion of mistake of facts and misapprehension of legal principles on the part of the defendant's case, the defendant argued to the same effect as the argument in this part of the grounds for appeal, and the court below rejected the judgment on the above argument by the defendant in the following part:

The facts that constitute a subjective element, such as the criminal intent of rape, are bound to be proved by the method of proving indirect facts or circumstantial facts that have considerable relevance with the criminal intent due to the nature of things.