Text
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that this judgment.
Reasons
1. The lower court rendered a not-guilty verdict on the charge of rape on October 14, 2016 among the facts charged against the Defendant, and the prosecutor did not appeal against this. As such, the part of the acquittal was separately determined and excluded from the scope of the trial in this Court.
2. Summary of grounds for appeal;
A. Direct evidence that the defendant had sexual intercourse by suppressing the victim's intention is not sufficient to acknowledge credibility in light of the victim's police and prosecutor's statement, some of the court below's statement in the court below, and the defendant's prosecutor's statement in the court below. The defendant's statement in the court below is difficult to acknowledge credibility in light of the victim's police and prosecutor's statement, the victim's statement in the court below, and some of the defendant's statement in the court below's court as the victim's intent to report that the victim was assaulted by the defendant, but it was allowed to make the victim's statement about sexual relationship in the process of the report, and the victim's statement in the court below was recognized as having been sexual intercourse after the victim knew that it was sexual intercourse, unlike the victim's perception at the time of the sexual relationship, but the present sexual relationship was made under the agreement. ② The victim's statement in the court below that the victim's statement in this case was sexual intercourse with the victim's statement in this case since the victim's request for assistance of the security guard.
Rather, the defendant's consistent statements and victims.