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All appeals by the prosecutor and the defendant are dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the coercion of the victim’s assertion of mistake of fact 1, the victim’s statement is specific and consistent, and the victim’s non-guilty act was committed.
Unless there are any circumstances to see, the victim made a statement about the damage to G and H immediately after the damage, and considering the fact that the distance between the time of occurrence of the damage and the time of notification is extremely short, and the location of the victim and the defendant at the time of the damage was merely an indirect fact, the victim's statement is more reliable than the defendant's statement. Thus, the judgment of the court below which acquitted the victim about the indecent act by force is
2) The lower court’s sentence is excessively unreasonable in light of the following: (a) the Defendant was acquitted on the charge of an indecent act by force of an unfair assertion of sentencing; and (b) the Defendant did not reflect the Defendant’s sentencing; (c) the Defendant continued to deny the pertinent facts charged; and (d) the victim’s shock is anticipated to considerably high
B. Defendant 1) The Defendant alleged that he was aware of the fact that he had referred to the “Saman’s” as “Saman’s” as to the insult of the fact, but whether he was aware of “Naman’s age,”
C. I would like to look at the body of the person.
The phrase “a fact” is denied.
There are statements of the victim, G, and H as evidence that correspond to the part denied by the defendant, but each statement of the victim, etc. is difficult to believe in light of the statements of J, K, etc.
Therefore, the lower court found the Defendant guilty of insult.
2) Even if the offense of insult is found guilty, in light of the background leading up to the Defendant’s hiversity, etc., the sentence sentenced by the lower court (one million won) is too unreasonable.
2. Determination
A. 1) The lower court’s determination as to the Prosecutor’s assertion of mistake of facts is difficult to believe each of the statements made by the victims, G, and H concerning the charges of forced indecent conduct on the grounds stated in its reasoning.
in this respect.