무고등
The judgment of the court below is reversed.
Defendant
The sentence against A shall be six months of imprisonment.
However, from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. Defendant A (1) misunderstanding of facts is only raped from B, and there is no fact that the Defendant was in conflict with B as stated in the judgment of the court below.
(2) The lower court’s sentence of unreasonable sentencing (two years of suspended sentence for six months of imprisonment) is too unreasonable.
B. Defendant B (1) misunderstanding of facts
(a).
(f).
There is no gap between A and the date, time and place of entry.
(2) The lower court’s sentence of unreasonable sentencing (two years of suspended sentence for six months of imprisonment) is too unreasonable.
C. In light of the prosecutor (1) misunderstanding of facts or misunderstanding of legal principles, the contents of mobile phone text messages sent by Defendant A to Defendant A, and the fact that Defendant A's sexual relation with Defendant A was discovered to her husband, the complaint was filed by Defendant A with the false fact that Defendant A committed sexual assault against her even though she was aware that the sexual relation with Defendant B was interscopic. Thus, the judgment of the court below is erroneous in the misapprehension of legal principles or
(2) The lower court’s sentence against Defendant A of unreasonable sentencing is too unhued and unreasonable.
2. Determination
A. Ex officio determination of the facts charged in the instant case (1) The summary of this part of the facts charged (A) Defendant A is a spouse who has completed a marriage report with G on March 15, 2006.
1) On February 29, 2012, the Defendant, at the Defendant’s home located in Seo-gu, Seo-gu, Gwangju, Seo-gu, 103 Dong 1302, sent to the Defendant for a single sexual intercourse with the Defendant B once. 2) On March 23, 2012, the Defendant sent to the Defendant for a single sexual intercourse with the Defendant B on March 23, 2012 at the I-U-U-U-U-U-U-U-U
3) From May 2012 to September 2012, the Defendant sent a single sexual intercourse with Defendant B at the K Twitmanel located in the Jeonyang-gunJ of Jeonyang-gun. 4) From May 2012 to September 2012, the Defendant 1 sent a single sexual intercourse with Defendant B at the mutual incompetence located in the Gwangju High-Tech located in Gwangju High-Tech.
5 The Defendant, from December 2012 to January 2013, at the mutually weak unmanned telecom in Gwangju High-Tech.