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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Sexual assault against the defendant for 80 hours.
Reasons
1. The court below held that the victim's statement was not reliable in light of the victim's degree of exploitation at the time of the instant case, the reason why the victim gave up entering a university or college, the circumstance that the victim was late in medical treatment, and the circumstances after the instant case, the toilet structure, or the physical structure of the defendant and the victim. However, the victim has consistently stated the circumstances of rape, and there was no significant significant relationship between the defendant and the victim, and the victim's statement was sufficiently reliable.
On the other hand, the defendant made a inconsistent and contradictory statement in the investigative agency and the court below, and the text message sent by the defendant to the victim was not the purpose of denying rape, and the person who is the third degree of the defendant misrepresenting the victim as an international lawyer and threatening the victim to file a complaint without cancelling the complaint against the defendant.
Nevertheless, the court below rejected the statements of the victim with credibility and rendered a not-guilty verdict on the charges of this case only based on the defense of the defendant. Thus, the court below erred in misunderstanding of facts.
2. Amendments to Bill of Indictment and the summary of the changed indictment;
A. Before determining the grounds for appeal by the prosecutor of changes in indictment, the case is examined ex officio, and the name of the offense against the defendant was raised in the trial of the prosecutor, and the applicable provisions of law are “Article 302 of the Criminal Act”, and the facts charged are followed.
As stated in the paragraph, an application for changes in indictment was filed, and since this court permitted it, the judgment of the court below was no longer maintained as it is.
Therefore, I will examine the changed facts based on the prosecutor's argument of mistake.
B. Summary of the revised facts charged