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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Sexual assault, 80 hours against the defendant.
Reasons
1. The summary of the grounds for appeal (the fact-finding person) is consistent with the specific and consistent statement concerning the essential part of the facts charged, and the victim at the time of the instant case’s occurrence, in full view of the fact that the victim resisted the Defendant and immediately reported, the victim’s statement that the Defendant attempted to rape is credibility.
Therefore, the judgment of the court below which acquitted the facts charged on a different premise is erroneous, which affected the conclusion of the judgment.
2. Determination
A. The summary of the facts charged is that the Defendant is the victim E [the 42 years of age (the 41 years of age in indictment)] in two singing practice rooms located in Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, 21 April 21, 2015.
[) While drinking and singing together with the victim, the victim kiscing the victim to rape, kiscing the victim, kiscing the chest with his clothes, and kiscing the victim’s chest, the victim refuses to mean “after scam,” the victim was pushed down on the sofest located at that place, kiscing the victim’s bucks and panty, kiscing the victim’s bucks, kiscing the Defendant’s bucks, kiscing the Defendant’s bucks, kiscing the Defendant’s bucks, leaving the Defendant’s bucks in support of the ground so that the victim was unable to resist, and kiscing the victim’s chest part by hand, and kiscing the victim’s chest, but the victim did not commit an attempted crime.
B. The lower court’s judgment is difficult to believe the victim’s statement that the Defendant attempted to rape, in light of the following circumstances acknowledged by the record: (a) the background leading up to the Defendant and the victim committed the instant crime; (b) the atmosphere leading up to the scene of the instant crime; (c) the situation at the time of the instant crime; and (d) the form of force used by the Defendant.