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Defendant
All appeals filed by A and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact that Defendant B and the victim alleged a mistake of facts against Defendant B by the prosecutor (Defendant B), but the father was not a general relation, the victim’s unique characteristics who had sexual assaulted against his father, and the fact that Defendant B was sufficiently aware that the victim did not want to have sexual intercourse, the conviction against Defendant B should be pronounced.
B. The lower court’s sentence on Defendant A’s assertion of unreasonable sentencing is too unreasonable.
2. Determination
A. The lower court found Defendant B and the victim not guilty on the ground that, in full view of the following: (a) Defendant B and the victim were in a personal relationship around September 2012; (b) Defendant B demanded the victim to engage in the sexual intercourse on the day before the sex relationship stated in the instant facts charged (hereinafter “instant sex relationship”); (c) the victim refused to engage in the sexual relationship; and (d) the victim stated that the atmosphere was not promulgated at the time of the instant sex relationship; and (e) Defendant B and the victim had sexual intercourse with the agreement even after the instant sex relationship, it cannot be ruled out that there was a possibility that the instant sexual relationship was established by mutual agreement between the Defendant B and the victim; and (b) the victim’s statement alone cannot be deemed to have been proven to have used sufficient force to suppress the victim’s free will.
Examining the evidence legitimately adopted and examined by the court below, the court below is just in making a not-guilty verdict on this part of the facts charged based on the above evidence judgment, and there is no error of law as alleged by the prosecutor in the judgment below, and the prosecutor's assertion is without merit.
B. Defendant A’s crime of this case on the assertion of unfair sentencing was committed by rape of Defendant A’s friendship, by inserting his or her sexual organ into his or her father, and by force use of children and juveniles.