Defendant

In addition, all appeals filed by a probation order requester and a prosecutor are dismissed.

Summary of Grounds for Appeal

A. The Defendant and the claimant for probation order (hereinafter “Defendant”) mistake of facts (as to the guilty part of the lower judgment), the victim D was not in the state of mental disorder or non-performance at the time, and the Defendant was not aware that the victim was in the state of mental disorder or non-performance. The victim had sexual contact with the Defendant first, and the Defendant became sexual intercourse with the victim’s consent, and the Defendant became sexual intercourse with the victim’s consent. 2) The sentence of the lower court of unfair sentencing (two years and six months of imprisonment, etc.) is too unreasonable.

B. Prosecutor 1) misunderstanding of facts (as to the acquittal part of the judgment of the lower court), the statement of a witness O and K also conforms to the victim’s statement. The Defendant has committed a sexual crime before and after committing the crime, and there is an bad habits of committing a sexual crime, such as committing the same crime against other victims, such as committing the same crime as the facts constituting the crime of the lower judgment after committing the crime. In light of this, the Defendant’s charge of quasi-rape against the said victim among the facts charged in the instant case ought to be found guilty. 2) The sentence of the judgment of the lower court on unreasonable sentencing is too unreasonable

2. Determination on the part of the defendant's case

A. As to the Defendant’s assertion of mistake of facts, the Defendant and the first instance court argued to the same effect as the grounds for appeal even in the lower court. The lower court is limited to “victim D (hereinafter in this paragraph)” based on the facts duly adopted and investigated and the circumstances revealed in light of the aforementioned facts and the reasoning as indicated in its reasoning.

When rejecting the Defendant and the defense counsel’s assertion that there is no credibility in the statement, the Defendant was unable to resist by taking advantage of the victim, and the Defendant was sexual intercourse with the victim by recognizing the victim’s status. 2) This court also held that the Defendant and the defense counsel are lower than the Defendant and the Defendant.