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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. According to the statements by the victim of mistake of facts concerning the part not guilty (the point of deceptive means, etc. and indecent act by indecent act), the court below found the defendant guilty of the charge of deceptive means, etc. and indecent act by indecent act by indecent act. Thus, the court below erred by misapprehending the facts which affected the conclusion of the judgment.
B. The lower court’s sentence of unreasonable sentencing is too uneasible and unreasonable.
2. Determination
A. On August 30, 2014, the Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (e.g., deceptive means, etc.), forced the victim’s arms demanding hedging from G in Hanam-si on August 30, 2014, and forced the victim to go against the victim’s two arms by laying down the victim on the floor and laying down the victim on the floor, and preventing the victim from resisting the victim’s two arms on one hand, and, by having sexual intercourse with the victim by force, he/she exceeded the clothes of the victim, exceeded the clothes of the victim, and has sexual intercourse once with the victim as a juvenile.
B) On September 8, 2014, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion) committed a indecent act by force against the victim’s own fault against the victim’s will during the process of dividing conversations with the victim on the street in the region G at Hanam-si on September 8, 2014, the lower court found the Defendant not guilty of the charge of deceptive and indecent act by force against the Defendant on the grounds that, in full view of the circumstances as indicated in its reasoning, it is difficult to acknowledge credibility of the victim’s statement, and even according to the remaining evidence, it is difficult to deem that the Defendant had sexual intercourse with the victim who is a child or juvenile by force, and it is difficult to view that there was no reasonable doubt as to the fact that the Defendant committed a indecent act
3) The judgment of this court) The evidence that there is a criminal fact in the criminal procedure is presented by the prosecutor, and the defendant's defense is unreasonable and false.