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The defendant's appeal is dismissed.
Reasons
The court below found the defendant guilty of the facts charged of this case, even though the defendant misunderstanding the facts of the grounds for appeal stated that he did not have sexual intercourse because he did not have sexual intercourse with the victim's consent, and did the above act. However, the court below erred by misunderstanding the facts.
The punishment sentenced by the court below to the defendant (two years of imprisonment) is too unreasonable.
Judgment
The Defendant made a confession of all the facts charged in the lower court’s court’s trial, and the Defendant raised a mistake of facts as stated in the above paragraph 1-A.
On the other hand, it is doubtful that the probative value or credibility of a confession in the original trial is doubtful solely on the grounds that the confession in the original trial differs from the statement in the appellate trial.
In determining the credibility of a confession, it shall be determined as to whether there is a situation in which the contents of a confession, in itself, are objectively rational, the motive or reason of the confession, what is the motive or reason of the confession, and what is the background leading up to the confession, etc., under Article 309 of the Criminal Procedure Act, or the motive or process of the confession (see Supreme Court Decision 2001Do4091, Sept. 28, 2001, etc.). The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the confession as to the facts charged by the defendant, are objectively rational in its contents, ② the confession as to the facts charged by the defendant not only in the court of the court below but also in the prosecutor’s office, and there is a situation that makes reasonable doubt in the motive or process of the confession by the defendant, such as reply or intimidation, etc., in the prosecutor’s office.
There is no evidence to determine the person, ③ there is no evidence to support the defendant's confession in the court below.