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The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for three years.
However, from the date this judgment becomes final and conclusive.
Reasons
1. Determination as to the prosecutor's assertion of mistake of facts
A. Although the alleged defendant was found to have raped the victim by using the victim’s failure to resist due to intellectual disability in around 2015, the lower court found the Defendant not guilty of this part of the facts charged.
B. In light of the degree of the victim’s intellectual disability, the lower court held that the victim’s statement is insufficient to specify the Defendant’s specific act, and includes any fact that the victim’s statement was exaggerated or difficult to occur in the situation before and after the commission of the crime, etc., and that there was a part that the victim first consulted about the victim that the victim made a false statement
Based on the detailed circumstances, such as the statement, there is sufficient credibility and probative value of the victim’s statement.
It is difficult to see that the remaining evidence submitted by the prosecutor alone is insufficient to recognize the facts charged to the extent that there is no reasonable doubt.
In light of the above, the charged facts were acquitted.
The judgment below
Examining the reasoning in comparison with the evidence duly admitted by the court below, the judgment of the court below on this part is just and there is a violation of law by mistake as alleged by the prosecutor.
subsection (b) of this section.
This part of the Prosecutor's argument is not accepted.
2. The defendant, who made a judgment as to the unfair sentencing of both parties, led to this court, led to the confession of the crime except for the part not guilty, and agreed with the father of the victim, and the father of the victim and the father of the victim want to keep up against the defendant.
These circumstances are the sentencing factors to be newly considered for the defendant.
In addition, it is clear that a single defendant has no record of criminal punishment, that the defendant's wife, his/her wife, his/her dependent, and his/her parents are in custody for the defendant, and that social ties are for the defendant.