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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
Summary of Grounds for Appeal
Defendant
- Of the judgment of the court below, there are facts of mistake of facts and misunderstanding of legal principles with the victim's oral intercourse, but there is no fact that the victim's resistance and the negative part are sent to the victim several times due to the fingers, and there is no trace of Ma-gu.
Since the defendant's act of similarity is not against the victim's will, even though it is not so, the defendant was aware that he had the consent of the victim, there was no intention to commit the crime.
The defendant did not exercise assault and threat to the extent that he makes it impossible to resist the victim, or that his resistance is considerably difficult.
The injury inflicted by the victim cannot be deemed to have been caused by the Defendant’s crime of this case, and it is difficult to view that it constitutes “injury” in the crime of causing similar rape.
The Defendant was in a state of mental disability under the influence of alcohol at the time of the instant crime.
A prosecutor - Of the judgment of the court below, the non-guilty part of the judgment of the court below is sufficiently recognized that the defendant attempted to rape the victim after committing a similar rape, in full view of the following facts: (a) the victim made a relatively concrete and consistent statement in the situation at the time when the defendant attempted to rape; (b) if the defendant did not attempt to rape the victim, the defendant did not board the body of the victim; (c) there is no reason to go beyond the victim's body; and (d) there is no reason to go against the victim; and (d) the defendant who had engaged in similar rape was aware of the defendant's intent to rape; and (e) taking into account the fact that the defendant's act of rape and clothes was committed by the victim's intent
As to the defendant's argument of mistake of facts and misapprehension of legal principles on the grounds of appeal, the defendant's assertion that there is no misunderstanding of facts that the victim's resistance and the negative part are shakeed by the loss.