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Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant and the respondent for an attachment order 1) There is no fact that the victim was raped as stated in paragraph (1) of the instant facts charged by mistake of facts. 2) The lower court’s sentence of unfair sentencing (one-year imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. Part 1 of the Defendant’s case pertains to the Defendant’s assertion of misunderstanding of facts and the person against whom the attachment order was requested (hereinafter “Defendant”).
However, according to the evidence duly adopted and examined by the court below, in particular, a record recording recording the statement of the victim, all of the facts charged of this case including rapes are found guilty, and the credibility of the victim's statement does not appear to be any problem in view of the victim's age, memory and statement ability at the time of the crime of this case. Furthermore, although the court below acknowledged all the facts charged of this case at the time of the crime of this case, the defendant appealed, denies it only for rape and denies it, but it does not present any ground to reverse the evidence of guilt. Therefore, the defendant's assertion of misunderstanding of facts is without merit. 2) The defendant and the prosecutor's assertion of unreasonable sentencing as to the defendant and the prosecutor did not have any ground to prove the above guilty evidence. The defendant reported the victim at a place where the father of the victim could not substitute the father of his father, who is a relative child, and thus, actively protecting the victim and examining the victim, even if the victim was aware of his intention to refuse it, it can be criticized or indecent act.
As a result, physical or mental suffering and shock that he/she had experienced by his/her age was reasonable, and such sexual intercourse or indecent act is committed.