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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. (1) Defendant 1: (a) In the course of misunderstanding of facts by force and pressure the victim’s pelle part by force, Defendant 1 was in contact with the victim’s pelle part; and (b) did not intentionally put the victim’s panty part into the victim’s panty part and intentionally put the victim’s body into the victim’s body and did not put the victim into the victim’s injury.
In addition, the chest part was contacted while the sloping part was finished, and there was no intention to spread the chest part intentionally.
B. The sentence of unfair sentencing (the imprisonment for eight months, the suspension of execution for two years, community service, 120 hours, 40 hours in the course of sexual assault treatment, 3 years in the employment restriction order) of the lower court is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. The lower court acknowledged the following facts based on the evidence duly adopted and investigated by the lower court as to the assertion of mistake of facts: (i) the Defendant was born in the victim’s marina relationship; (ii) the victim was in a good relationship before the occurrence of the instant case with the third party; (iii) the victim did not specifically state the Defendant’s crime as stated in the facts charged; and (iv) the victim did not have any motive to dismiss the Defendant; and (v) was deemed not to have included a negative or chest in the content of the marina in the beginning; and (d) it was extremely different from the intentional contact with the part or chest with the victim who did not intend to keep the part or chest in the mouth or chest while drinking the mouth or heading. Therefore, the victim also made a distinction between the Defendant’s hand and the victim’s intent to keep the part or chest intentionally, and thus, the victim could have forced the victim to make a statement by dividing the victim into D.