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Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
The judgment below
CHAPTER 7-CON 17.
Reasons
Summary of Grounds for Appeal
Defendant
In addition, with respect to the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant, along with the victim, only sleeps the victim, and did not commit indecent act by force, as stated in the facts charged, with regard to the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse.
In relation to the crime of rape, the Defendant was unable to stop the victim's refusal, but did not exercise his/her force against his/her will, and did not insert his/her sexual organ into the negative part of the victim.
The sentence of imprisonment (three years of imprisonment) by the lower court on the grounds of unfair sentencing is excessively unreasonable.
The sentence imposed by the court below on the prosecutor (e.g., e., e., g., e., e.,
Unless there are extenuating circumstances to deem that the first instance court clearly erred in the credibility of the statement made by a witness of the first instance in light of the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act to determine the determination of misconception of facts on the part of the defendant's case, or unless there are exceptional circumstances to deem that maintaining the first instance court's decision on the credibility of the statement made by a witness of the first instance court is significantly unfair when comprehensively considering the results of the first instance court's examination and the results of additional examination of evidence until the closing of oral argument in the appellate court, the appellate court
(See Supreme Court Decision 201Do5313 Decided June 14, 2012, etc.). In light of the legal doctrine as seen earlier, the lower court convicted the Defendant of the instant facts charged on the ground that the victim’s legal statement was reliable, and the victim appeared as a witness in the court of the first instance and stated that he/she was subject to indecent act by compulsion and rape as described in the facts charged.
Although the victim has partially reversed the statement from the investigative agency to the court of the trial, it is also a case.