감금등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Sexual assault, 40 hours against the defendant.
1. Summary of grounds for appeal;
A. In fact-finding 1), the Defendant did not have a fact when her cream was taken against the victim due to food, and did not have committed any act that seems to have been taken against the victim due to the insertion. 2) The Defendant only had sexual intercourse with the victim under an agreement with the victim, and did not rape the victim.
B. The lower court’s sentence of unreasonable sentencing is too unreasonable.
2. Determination
A. 1) In light of the difference between the first instance court and the appellate court’s method of assessing the credibility of a statement made by a witness at the first instance court in light of the contents of the first instance judgment and the evidence duly examined in the first instance court, unless there exist special circumstances to deem that the first instance court clearly erred in its determination on the credibility of a statement made by a witness at the first instance court in light of the contents of the first instance judgment and the evidence duly examined in the first instance court, or in exceptional cases where it is deemed that maintaining the first instance court’s determination on the credibility of a statement made by a witness at the first instance court is considerably unfair, the appellate court should not reverse without permission the first instance court’s determination on the ground that the first instance court’s determination on the credibility of a statement made by a witness at the first instance court is different from the appellate court’s determination (see Supreme Court Decision 2010Do3846, Jun. 24, 2010). 2) In light of the mode and attitude of the victim’s testimony at the court below and the victim’s testimony, following the facts charged are established.
Even after closely examining the evidence duly adopted and examined by the court below and the court below, it is not possible to find out exceptional reasons to recognize the credibility of the victim's statement, and according to the victim's statements, the defendant's assertion is without merit, since the facts charged in this case are recognized according to the victim's statements.
B. Unreasonable sentencing.