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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant did not commit an indecent act by force against the victim as stated in the facts charged.
B. Improper sentencing (a pair of punishment) imposed by the court below on the defendant is too heavy or unreasonable.
2. Determination
A. Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly adopted and investigated in the lower court’s determination as to the assertion of mistake of facts, the Defendant may be found to have committed an indecent act by force against the victim as stated in the instant facts charged.
Therefore, the defendant's assertion of mistake is rejected.
1) The victim made a relatively consistent and concrete statement from the investigative agency to the lower court regarding the background and process of forced indecent act, the content and method of the criminal act, and the situation before and after the act, as described in the instant facts charged.
2) 피해자는 2016. 5. 31. 피고인에게 “ 엊그저께 토요일 날 그랬죠
Isali Bali
In the words "Sari Linari", the defendant is not aware of the fact that "I am a single shoulder."
그래서 나는 그래서 손도 안 댔어.
“.....”
Then, the victim’s “Is the person who would have become the president anywhere.”
J. A. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F.
Therefore, it was inside the gold banks.
“The answer is the answer.”
In addition, on May 2, 2016, one victim is not "the defendant, but "low support" in the process of dialogue with the defendant.
“......”
3) The victim did not end up an agreement with or required money to the Defendant under the instant case. Unlike the victim’s expectation of criminal punishment, there was sufficient motive for the victim to make a false statement even when the victim expects criminal punishment.
It is difficult to recognize it.
4) As a witness of the Defendant, I appeared and testified in the original court as a witness of the lower court, “The president is imposing a son who intends to impose a charge on the victimized person.”