The judgment below

The guilty portion shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year.

except that this judgment.

1. Summary of grounds for appeal;

A. Defendant A 1) The fact that each rape was injured by mistake of facts and misapprehension of legal principles is proved to have been claimed by Defendant A, but Defendant A did not assault the victim with the same content as the stated in the facts charged, and did not have sexual intercourse.

Even if there was assault and sexual intercourse with the victim

Even if this part of the facts charged is not aimed at engaging in sexual intercourse, so the crime of causing rape cannot be established.

B) Although Defendant A made a statement that “the victim was living together” at the time and place indicated in this part of the facts charged, there is no fact that Defendant A said that “the victim was living together, because of the fact that there was a dynamic image, it does not constitute defamation.” Even if it constitutes defamation, it cannot be deemed that the part said as a dynamic image does not constitute defamation. Even if it constitutes defamation, Defendant A received a summary order of KRW 100,000 as to the injury of the victim that occurred at the time, and thus, cannot be punished separately. 2) The sentence of the lower court on unreasonable sentencing is too unreasonable.

B. Prosecutor 1) The judgment of the court below which acquitted Defendant A on the grounds that there is insufficient evidence to acknowledge the fact that Defendant A had detained the victim as stated in this part of the facts charged, in light of the relationship between Defendant A and the victim, and the criminal conduct of Defendant A and the victim at the time when Defendant A asserted that Defendant A had detained the victim, etc.