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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
Sexual assault, 80 hours against the defendant.
Reasons
1. Summary of grounds for appeal;
A. There is no fact that the Defendant committed any of the crimes listed in paragraphs 1, 2, and 3 of the judgment of the court below (hereinafter referred to as “crime Nos. 1, 2, and 3”) in accordance with the criminal code stated in the judgment of the court below.
Nevertheless, the court below found all of the charges of this case guilty on the basis of the statements made by the victims with no credibility. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the
B. The sentence imposed by the court below on the defendant (a prison term of six years, an order to complete sexual assault treatment programs for 80 hours, and an order to disclose and notify the seven-year information) is too unreasonable.
2. Determination on the grounds for appeal
A. As to the assertion of mistake of facts, the court below also asserted the same purport at the court below. The court below held that the defendant could sufficiently recognize the fact that the defendant committed not only the third crime but also the first and second crimes in light of the contents of the judgment below and the evidence duly examined in light of the records of this case, including ① the victim's awareness ability, ② the victim's specific statement about the first and second crimes, ③ the living environment of the victims before the investigation of this case, ④ the extent that each statement of the victims is consistent, ⑤ the background leading up to the report of injury of this case, ⑤ the investigator's questioning during the investigation process, and the possibility that the victims made a false statement about the first and second crimes, ② the victims' statement about the first and second crimes, and all of the above evidence, including the statement of the victims with credibility, are reliable, and the judgment of the court below is just and acceptable.