beta
Text
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B Imprisonment with prison labor for a maximum of four years and six months, a short of three years.
Reasons
Summary of Grounds for Appeal
A. On August 30, 2019, Defendant A1 found that: (a) around 23:00 on August 30, 2019, the Defendant: (b) by threatening the Victim F by means of threatening the Victim F to sell tobacco to a minor; and (c) allowing the said victim to enter the Defendant’s room with alcohol and excreta after the completion of the convenience store; (d) however, the victim delivered alcohol and internal organs to the Defendant; and (e) the victim immediately left the room, the physical time per se was insufficient for the Defendant to rape the victim. In addition, considering that the victim did not mention rape up until the second statement made by the police, the victim’s statement was not reliable in light of the fact that the police statement was reported on rape only on August 30, 2019, which was later than 4 months since August 30, 2019, the lower court found that there was no illegality in the lower court’s order of unfair sentencing to the Defendant for a short-term period of 20 years.
B. The punishment sentenced by the lower court to Defendant B (long-term 6 years of imprisonment, short-term 4 years of imprisonment, 80 hours of order, 5 years of restriction on employment) is too unreasonable.
C. Prosecutor (Defendant A) 1) misunderstanding of facts and misunderstanding of legal principles (with respect to an unsatisfying point, AX made consistent statements to the effect that he/she returned his/her clothes and her mothers to the same effect as the Defendant and Daecheon Bathing Beach, and that he/she did not see the Defendant at night, and that he/she did not change his/her clothes and her mothers.
AY and AZ made a statement to the effect that the AY and AZ were better between AX and the Defendant until Daejeon went back to the BP masterel.
In addition, AZ deals with the parent of the defendant by telephone, and AX deals with the parent of the defendant.