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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. On the day of the instant case, the victim’s statement on the part that the Defendant tried to have sexual intercourse with the victim strongly while assaulting the victim on the day of the instant case was reliable. In full view of the victim’s statement and other evidence, the court below rejected the credibility of the victim’s statement that the Defendant attempted to rape, and acquitted the victim of rape among the charges of rape by misunderstanding the fact. In so doing, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
B. The sentence sentenced by the lower court to the Defendant (hereinafter “the penalty amount of KRW 5,00,000”) is too uneasy and unreasonable.
2. Determination
A. As to the assertion of mistake of facts, the summary of the official residence room 1) The Defendant took a school system from around February 2016 to the victim, and went through conflicts due to the Defendant’s parent’s opposition, the Defendant’s excessive sexual demand, etc. on August 20, 2016, and took a school with the victim on August 20, 2016. On August 20, 2016, around 22:00, Seoul Seocho-gu Ftel No. 24 parking lot No. 24 of the 4th floor parking lot of the Seocho-gu Seoul Metropolitan Government Ftel 24, the Defendant would take care of the victim by using the G SM 3 car leased by the Defendant. On the said vehicle, the Defendant was waiting the victim and asked the victim to go to the telecom, but the victim was able to get off the vehicle again and left the vehicle.
However, the defendant moved the above car to the parking column No. 32 of the above parking lot without considering the victim's house, and parked the above car after cutting the safety belt of the victim, milching the safety belt behind the front light, added the part of the victim's body to the back seat refusing to take the hand of the defendant, and then exceeds the victim's body toward the back seat, and the defendant also goes beyond the back seat.