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The judgment below
Part excluding an application for compensation order among those shall be reversed.
A defendant shall be punished by a fine of KRW 1,500,000.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court below which found the defendant guilty on the ground that the defendant had not inflicted injury on the victim C as stated in the facts charged, was erroneous by misunderstanding the facts and affecting the conclusion of the judgment
B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.
2. Determination
A. The Defendant asserts that on the day of the instant case, there was only the fact that the husband of the victim, who had been under the influence of alcohol, was in the process of spreading the victim’s her husband who had been under the influence of alcohol to “to drink the alcohol only” and the husband of the victim’s her husband who had been under the influence of alcohol.
The following circumstances acknowledged by the evidence duly admitted and investigated by the court below, namely, ① the victim C consistently testified from the investigative agency to the court of the court below that “the defendant left South Korea by cutting down and pushing ahead with balp, and the victim fell later. ② The defendant and the victim did not have any reason to assert that the victim was sexually assault against the defendant. ③ The defendant stated at the investigative agency that the victim was not sexually ill, ③ the defendant presented at the investigative agency the statement that the victim was sexually ill, but the court below reversed the victim’s statement by submitting a statement to the effect that the victim was her husband, and ④ The victim’s children following the day of the case, ④ “Iskn's low scar and was hospitalized at the hospital only once because Isn's body was pushed off,” and there was a fact that the defendant met at the hospital, but the defendant made it difficult to obtain the victim’s statement by considering the victim’s husband’s statement as a whole, but it was difficult to do so.