Text
The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for five years.
The defendant shall be at 160 hours.
Reasons
1. Summary of grounds for appeal;
A. As to the crime of commercial rape around 00:00 on March 3, 2010 by the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”), the Defendant did not commit an indecent act against C around March 2010.
Although the Defendant had talked with the victim on August 2010 (at the time of the birth of the victim), the Defendant did not forcibly commit an indecent act against the victim by means of violence or intimidation at the time.
B) With respect to each injury, the Defendant reported that the victim would take a bath for the body of the victim around April 2010 and did not inflict injury upon the victim by taking time as stated in the facts charged, however, there is no fact that the victim did not have sexual intercourse with the victim at the time around April 2010. In addition, around April 2010, the Defendant did not have sexual intercourse with the victim C at around 2010 with regard to each sexual intercourse around 2010.
Although the Defendant had sexual intercourse with the victim on July 201, 201, the Defendant had sexual intercourse with the victim on or around the same day with the consent of the victim, it did not have sexual intercourse by force with the victim on or around July 2011, 201, but there was a fact that the victim had sexual intercourse with the victim on or around the sexual intercourse with the victim on or around the sexual intercourse with the victim. However, this is only the victim's sexual intercourse with the victim's sexual intercourse with the victim on or around the same day, 2012 by exercising the Defendant's power, but there was no fact that the Defendant had sexual intercourse with the victim under the agreement with the victim on the sexual intercourse with the victim on or around the same day, as stated in the facts charged.
F. As to rape around June 28, 2013, the sexual intercourse was made in the female house near the North Sea of the Sea of June 28, 2013 in agreement with the victim.