The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for two years.

The judgment below

part of acquittal.

1. The summary of the grounds of appeal found the Defendant guilty of coercion, assault and intimidation among the facts charged in the instant case, and acquitted of indecent act by rape, confinement, and indecent act by compulsion.

The gist of appeal by the defendant and the prosecutor is as follows.

Defendant’s assertion of misunderstanding of facts or misunderstanding of legal principles (the point of coercion of violence) ① The Defendant committed an act identical to that stated in this part of the facts charged in order to prevent the Defendant from entering one’s house with the victim, to make up for the sale of heavy and high-speed vehicles on the Internet, and to raise the cost

Since the Defendant used money, etc. raised by the above method together with the victim or used it for the victim, it cannot be deemed that the Defendant had the intent to commit the crime of coercion or coercion.

2. The defendant did not assault the victim.

(Assault) In light of the contents and purport of the statement of grounds for appeal dated November 18, 2019 and the written opinion of counsel on December 9, 2019, the assertion of mistake of facts or misapprehension of legal principles as to the assault shall also be considered as the grounds for appeal.

Unlike this, the judgment of the court below that found the Defendant guilty of this part of the facts charged is erroneous by mistake or by misapprehending the legal principles.

B. A prosecutor’s 1) misunderstanding of facts or misapprehension of legal principles (the point of confinement by indecent act by rape) ① The victim’s act constitutes “an act of making it impossible or considerably difficult for the victim to resist, or make it difficult for him/her to resist,” in light of the following: (a) the victim’s physical freedom is restricted, and the victim’s life or injury, such as the victim’s resistance to the Defendant’s test; and (b) the victim’s injury to rape and confinement by indecent act by indecent act by compulsion (the part on innocence).”