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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact that the victim of a mistake of fact (not guilty part of the judgment of the lower court) entered the telecom where the instant case occurred, and that the victim was assaulted and detained by the Defendant for about seven hours prior to the sex relationship with the Defendant, it is difficult to deem that the victim was sexually in response to the demand of the Defendant’s sex relationship, and thus, the statement of the consistent victim’s statement that the victim was raped by the Defendant, such as this part of the facts charged, is sufficiently reliable.
Nevertheless, the court below rejected the credibility of the victim's statement and rendered a not-guilty verdict on this part of the facts charged. The court below erred in misunderstanding of facts.
B. The sentence imposed by the lower court (one year of imprisonment with labor for four months) is too uneasible and unfair.
2. Determination
A. Around 04:00 on September 24, 2013, the Defendant: (a) around 04:00, the summary of the facts charged regarding the assertion of mistake of facts was: (b) around September 24, 2013, the Defendant: (c) carried the victim’s head head head to board a taxi in front of the near F cafeteria by driving away the victim’s escape from the toilet; (d) carried the taxi into the back seat of the taxi; and (e) arrived in front of the Hel in the same Gu G.
However, between the time when the defendant paid the charges, the victim entered the taxi and the Moel adjacent to the above Hael, and the defendant, the defendant, after having opened the toilet through the above Moel proprietor, had the victim enter the above Moel proprietor, did not pay the fee to the employee, refused to enter the guest room, led the body, the bridge, and the head of the victim's 503 room, and forced the victim's head to enter the above 503 room. In addition, when the victim's head debt in the above guest room was shakend, the victim's head debt can be boomed with the hand room, and the victim's face and telegraph can be cut back.