Defendant

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

Summary of Reasons for Appeal (Defendant case part)

A. While the statements made by the victim of misunderstanding of facts are not consistent and consistent with objective circumstances, it is difficult to believe that the statements made by the victim of misunderstanding of facts are inconsistent, the statements made by the defendant and the requester of the probation order (hereinafter “defendants”) may be

The judgment of the court below which found the Defendant guilty on the basis of the victim’s statement is erroneous.

B. In so determining, the lower court erred by misapprehending the legal doctrine.

1) The Defendant did not assault, assault, or exercise the force to force a victim. The Defendant only met the victim naturally and did not initiate the commission of rape crime. 2) As long as the Defendant voluntarily suspended the instant crime, the Defendant’s act constitutes an attempted suspension under Article 26 of the Criminal Act.

C. The lower court’s imprisonment (two years of imprisonment, etc.) on the ground of unfair sentencing is too unreasonable.

2. Determination

A. The lower court found the Defendant guilty of the facts charged on the ground that “the victim’s statement that corresponds to the facts charged in the instant case may be trusted, while the Defendant’s statement cannot be trusted,” based on diverse circumstances as indicated in its reasoning, on the grounds that “the victim’s statement that corresponds to the facts charged in the instant case may be trusted.”

In light of the circumstances acknowledged by the evidence duly adopted and examined in the original judgment and the party instance, the judgment of the original court is just and the defendant's allegation in this part is without merit.

B) In particular, the content of the victim’s statement is consistent, specific, and objective, from the time of the preparation of the written statement immediately after the instant crime to the court below’s decision, to the point of view, consistent with the consistent, specific, and objective circumstances. ② Following the instant crime, the details of the Kakao Stockholm message sent by the victim to the victim to the victim (the victim’s Kakao Stockholm message and the subsequent report, etc. were very natural, and ③ the victim’s reason and motive to dismiss the Defendant can be found.