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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. The court below accepted the application for compensation order filed by C, the applicant for compensation, partly accepted the application for compensation order filed by D, and rejected the application for compensation order filed by B, the applicant for compensation.
An applicant for compensation cannot file an objection against a judgment dismissing an application for compensation or accepting a part thereof pursuant to Article 32 (4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and the dismissed part shall be excluded from the scope of the adjudication
2. Summary of grounds for appeal;
A. The punishment sentenced by the lower court to the Defendant (two years of imprisonment) is too unreasonable.
B. A prosecutor 1) In the prosecutorial office of mistake of facts, the Defendant: “A person who is lying a victim on a rear side,” and “the victim intending to go up to the body of the Defendant intending to avoid the Defendant. In full view of the following: (a) the investigation agency of the victim’s statement in the prosecutorial office and the lower court’s testimony; and (b) overall evidence relations, such as the victim’s statement and reliable statement in the prosecutorial office; (c) the Defendant could sufficiently recognize the fact of rape after suppressing the victim’s resistance; (d) but the lower court erred in matters of mistake of facts that found the Defendant not guilty of this part of the facts charged; and
3. Judgment on the prosecutor's assertion of mistake of facts
A. The summary of the facts charged, as stated in Paragraph (1) of the facts constituting the crime in the judgment below, the Defendant had induced the victim to engage in sexual intercourse with the Defendant on the ground that he would give and receive loans by taking advantage of the situation of the victim urgently needed, while exchanging contact with the victim under the pretext of providing loans to the victim.
Around 17:00 on January 30, 2018, the Defendant called “to prepare loan documents and immediately grant a loan when making additional deposits” with the victim’s contact to the victim, which led the victim to a “AG” AF located in Busan Shipping Daegu, and then, at around 18:20 on the same day.