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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. According to the statement of the victim's credibility, the court below rejected the credibility of the statement of the victim and rendered a verdict of not guilty (not guilty of the grounds for appeal) on the grounds that the evidence submitted by the prosecutor alone is insufficient to recognize the facts charged, even though it is apparent that the defendant raped the victim at the time and place indicated in the main or conjunctive facts charged in the instant case, and inflicted injury on the victim in the process.
(However, the judgment of the court below is guilty only for the crime of bodily injury which can be judged without the amendment procedure of indictment included in the facts charged. The judgment of the court below is erroneous by misapprehending the legal principles on determining the credibility of statements made by the victims of sexual assault, or by misapprehending the legal principles on determining credibility
B. The sentence imposed by the lower court (ten months of imprisonment, two years of suspended execution) is too uneased and unreasonable.
2. Judgment on misconception of facts or misapprehension of legal principles
A. The summary of the facts charged 1) The Defendant came to know of the victim B (a 34 years old, fluor, and 01:0 on March 5, 2019 at the main station near the port area of the Busan YY and entered the Busan YYD room with the victim around 04:15 on the same day.
At around 04:30 on March 5, 2019, the Defendant: (a) provided the victim’s cell phone unpaid amounting to KRW 170,000 on behalf of the victim; (b) on the ground that the victim’s cell phone unpaid amounting to KRW 1.70,00 on behalf of the victim, he saw the victim’s head into a house without impairing his sexual intercourse; (c) placed the victim’s head head into a bed by pushing ahead with the victim; and (d) placed the victim’s face and head on the bed by drinking; and (d) made it possible for the victim to take the victim’s face and head back by drinking.