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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) Defendant 1 committed a similar act under an agreement with the victim and only committed a sexual intercourse. Nevertheless, the judgment of the court below which found Defendant guilty of the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) and the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (similar act) among the facts charged in the instant case, is erroneous in misunderstanding of facts. 2) The sentence of imprisonment (four years of imprisonment) by the court
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination of the accused case
A. On December 22, 2018, the lower court also asserted that the Defendant had the same purport as the grounds for appeal. In light of the following circumstances, the lower court rejected the allegation on the ground that the victim’s statement that corresponds to this part of the facts charged may be believed, and according to the evidence, including the victim’s statement, the Defendant could be recognized as committing a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) and the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape). (A) The victim was at the time when the victim did not appear in the month from November 26, 2018, which was the date of similarity and rape, and at the request of the Defendant, the victim made a first statement at the police on December 22, 2018, which was the date of the last sending the victim’s body or image, and the victim’s statement included the circumstance that the victim’s body was sent to the Defendant, the process that the victim was sent to the Defendant, the Defendant’s body photographed, and the specific details and circumstances that were not experienced.
B. On November 26, 2018, the Defendant was living in order to assist the victim with regard to the facts of rape in the past when investigating by the prosecution.