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The prosecutor's appeal is dismissed.
Reasons
1. Reasons for appeal (misunderstanding of facts and improper sentencing);
A. On May 12, 2017, around 20:50 on May 12, 2017, the Defendant, at his own house, was raped and injured as indicated in the facts charged. The lower court found the Defendant not guilty of this part of the facts charged, despite the credibility in D’s statement and the corresponding reinforcement evidence.
B. The sentence of the lower court’s unfair sentencing (the suspended sentence of two years and six months in prison, the order to attend a sexual assault treatment lecture of 40 hours in prison, and the order to provide community service of 120 hours in prison) is unreasonable as it is excessively unfasible.
2. Determination
A. 1) The burden of proving the facts charged in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence with probative value sufficient to have a judge conclude that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it shall be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2010Do9633, Nov. 11, 2010). Where the defendant strongly denies the whole facts charged, and the direct evidence consistent with the facts charged in the record is proved only when the victim's statement is based on the victim's statement, and the remaining evidence is sufficient to find the defendant guilty of the facts charged, the victim's statement is required to have high probative value as much as possible to have little doubt about the authenticity and accuracy of the statement. When determining whether there is such probative value, the victim's own reasonableness, consistency, objectiveness of the statement, as well as personal character factors of the victim should be comprehensively considered.
Therefore, there is evidence of the facts charged as to the lack of credibility in part of the facts alleged by the victim.
shall be deemed to be.