The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for three years.

. Information on the Defendant.

Summary of Grounds for Appeal

Defendant

In addition, although the Defendant sought a misunderstanding of facts or misapprehension of legal principles with the victim who was requested to attach an attachment order (hereinafter referred to as the "defendant") tried to engage in a sexual intercourse with the victim, the victim did not refuse to engage in a sexual intercourse, and did not commit rape by threatening and threatening the victim, and further, the victim's upper part of the victim's bodily injury was inflicted upon himself/herself. Thus, there is no causation between the Defendant's act and the victim's injury.

Nevertheless, the lower court that found the Defendant guilty was illegal.

The defendant, at the time of committing the crime, was in a state that he lacks the ability to discern things or make decisions due to the unknown physical disability, the psychosis, and the ney infection.

In light of the background leading up to the Defendant’s instant crime, etc., the lower court’s imprisonment (three years of imprisonment) is too unreasonable.

In light of the prosecutor’s previous convictions of the Defendant and the contents of the instant crime, the lower court’s punishment is too uneasible and unreasonable.

Judgment

As to the Defendant’s assertion of mistake of facts or misapprehension of legal principles on the part of the Defendant’s case, the lower court also rejected the Defendant’s assertion on the following grounds: (a) the lower court determined that “the Defendant would assault and assault the victim as indicated in its reasoning and attempted rape; and (b) could sufficiently recognize the fact that the Defendant’s act committed the injury to the victim.”

① The victim’s statement is very concrete and is difficult to make a statement if the victim was a person who did not directly experience due to nature. There is no unreasonable or contradictory part of the content of the statement itself.

In addition, the victim's attitude to make a statement in this court is also serious, and the above is also the same.