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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. According to the evidence submitted by the prosecutor, the court below acquitted the Defendant of the charge of rape injury of this case, which deviates from the limit of the principle of free evaluation of evidence and erred by misapprehending the facts against the rules of evidence.
2. Determination
A. The additional prosecutor of the ancillary facts charged filed an application for amendment to a bill of amendment of an indictment with the effect that he/she maintains the facts charged as to the injury of rape and injury around the trial. This court permitted the application for amendment to a bill of amendment, and the subject of the trial was added, and the court below found the Defendant guilty of the ancillary facts charged, and the judgment of the court below is no longer maintained as follows.
However, the prosecutor's argument of mistake of facts about the primary facts is subject to the judgment of this court, so it will first be examined, and further, I will look at the preliminary facts added in the trial.
B. (1) On September 30, 2013, the summary of the facts charged is as follows: (a) around 07:00 on September 30, 2013, the Defendant: (b) was seated with the victim E (the age of 36) who was a customer in the said restaurant while drinking alcohol at the “D” restaurant located in Daejeon Jung-gu, Daejeon; and (c) was seated with the victim E (the age of 36) who was seated with the thickness of the 'Wom Rabna Ga.'; (d) the Defendant carried the victim on the top of the FFK Ka car and driven on the front side of the Geumsan-gun, Chungcheongnam-gun.
During that day, the Defendant was willing to rape the victim of this case, and on the same day at around 08:40 on the same day, the Defendant called the victim's 's 's fluoriness' and called the victim' in the above vehicle and called 'fluorily fluoring fluoring a little fluoring fluor,' and called the victim's 501 room in the Hasan-gun G in the same day.
After that, the Defendant, at the above 501 room, 'the victim' or 'the victim'.
is a person of free transportation;
p. Oysaly contracted.