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All parts of the judgment of the court below concerning Defendant C shall be reversed.
Defendant
C. A person shall be punished by imprisonment for not less than two years and six months.
Reasons
1. Summary of grounds for appeal;
A. Defendant C1) The Defendant, as stated in the judgment at the time of the crime of paragraph (1) of the judgment of misunderstanding the facts concerning attempted rape, did not engage in the act of gathering the victim’s chest by hand while making the victim kis, but the victim refused this act and immediately suspended the victim’s fingers as stated in the judgment of the court below, causing the victim to go beyond the bed of the victim, or getting the victim to go beyond the bed of the victim’s hand as stated in the judgment of the court below, or getting the other hand to go up to the victim’s hand, and putting the victim’s fingers into the victim’s chest, and releasing the victim’s baby. In addition, the Defendant did not have any intent to have sexual intercourse with the victim at the time of the crime of this case, but there was no intention to enforce sexual intercourse, i.e., imprisonment with prison labor (No. 12 years and 2 months:6 months).
B. The sentencing of the first instance judgment against the Defendant D by the public prosecutor (a fine of KRW 5 million) is too unhued and unreasonable.
2. Judgment on Defendant C’s assertion of mistake of facts
A. A. Around December 19, 2012, the summary of the facts charged regarding attempted rape, the Defendant, at around 06:30 on December 19, 2012, committed rape with the victim AE (the age of 21) from 801 of the “AD” hotel in the Seo-gu, Seo-gu, Seoan-gu, Seocheon-gu, Seocheon-gu.
The Defendant brought the victim who was seated in his sofash, kid the victim's chest by hand, and the victim refused the victim's finger by hand, and had the victim go beyond the bed side of the victim's kid by the ppuri loss.
After that, the Defendant, with one hand listed on the victim's upper part, laid the victim's grandchildren into the victim's upper part, laid one hand into the victim's upper part, cut the chest, and cut the victim's lower part. However, the Defendant was the wind when the victim gets sound, and the Defendant was able to do so.