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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that, for three years from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (a year and six months of imprisonment) is too unreasonable.
B. A prosecutor 1) According to the statement made by an investigative agency of a victim of mistake of facts, the court below found the defendant to have put his fingers into the victim’s quality, but judged that the defendant was guilty of quasi-rape by mistake of facts, and applied only to quasi-indecent act by quasi-indecent act. 2) The sentence sentenced by the court below of unreasonable sentencing is too uneasible and unfair.
2. Determination
A. On November 7, 2018, around 00:23, 2018, the summary of this part of the facts charged is as follows: (a) the Defendant: (b) around three times the “FDD” located in Gwangjin-gu Seoul Special Metropolitan City E-3; (c) raped the victim by inserting the fingers into the victim’s drinking part by taking advantage of the victim’s mental disorder or non-opportune; (d) in light of the following facts and circumstances, the lower court determined that the sole evidence, such as the victim’s statement, submitted by the prosecutor, cannot be deemed to have been proven to the extent that it can be ruled out a reasonable doubt; (a) the Defendant’s statement in the victim’s investigative agency on the victim’s drinking part at the time of the instant case; and (a) whether the Defendant only sent the victim’s negative part; and (b) whether the Defendant’s act of inserting the fingers into the part was somewhat unclear or not there was no additional investigation into the victim’s fingers.”
C. The victim stated that “I am a pain on the part of the sexual organ when I reported the urine immediately after the instant case and cut off the urine due to suspension. I am a sexual intercourse with male-gu and sexual intercourse, and I am shotly, but I am breath’s breath’s breath’s breath’s breath’s brea