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The defendant's appeal is dismissed.
Reasons
1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the case of the defendant, and regarding the case of the case of the case of the attachment order, notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc., the part of the case of the attachment order claim as the defendant appealed only to that effect, and thus, the court below excluded the part of the case from the scope of the judgment of this court.
2. Summary of reasons for appeal;
A. The Defendant did not forcibly commit an indecent act or rape against the victim. On the other hand, the victim made a false statement at an investigative agency and a court of the original instance to freely live together with the Defendant who admonishs himself/herself.
Nevertheless, the judgment of the court below that found the defendant guilty on the grounds of the victim's statement without credibility is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
B. The sentence of the lower court’s improper sentencing is too unreasonable.
3. In the appellate court’s review of the Defendant’s assertion of mistake of facts, there is no new objective reason that may affect the formation of convictions during the appellate court’s trial process, and in the absence of reasonable circumstances to deem that the first deliberation evidence was obviously erroneous or that the argument leading to the acknowledgement of facts is considerably unfair due to the violation of logical and empirical rules, the judgment on the recognition of facts in the first deliberation shall not be reversed without permission (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). The Defendant asserted that this part of the grounds for appeal are the same, and the lower court convicted the Defendant of the facts charged in this case on the grounds of the detailed circumstances in the “where it is a judgment on the assertion of the Defendant and his defense counsel” as stated in the said judgment.
The judgment of the court below is clear.