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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for eight years.
Sexual assault against the defendant for 80 hours.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) Fact-misunderstanding: The Defendant does not have sexual intercourse with the victim or purchase the victim’s sex.
However, the lower court erred by misapprehending the fact that the lower court found the Defendant guilty of all the facts charged in the instant case due to the lack of credibility.
2) Improper sentencing: The lower court’s punishment (10 years of imprisonment) is too heavy.
B. Prosecutor’s improper sentencing: The lower court’s sentence is too minor.
2. We examine ex officio prior to the judgment on the above reasons for appeal.
In the past, among the facts charged in this case, the prosecutor showed the same attitude that the defendant was in violation of the Act on the Protection of Juveniles against Sexual Abuse (Juvenile Rape, etc.) within the content of the defendant's set up in the F fishing place in Asan-si, Sinsan-si, 2008 at the same time, without the defendant's sexual intercourse, the defendant was sexual intercourse with the victim, who was sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually,
“The Defendant: (a) committed an act of attempted sexual intercourse with a multiple times with a victim under the age of 13, as described in the above paragraphs (a) and (b) in the F fishing place located in Asan-si, Simsan-si, on 2008 at night; and (b) under the same attitude as the victim would at each time refuse to engage in sexual intercourse with the victim, she spreads the humth and drive away the victim without any place; (b) made it impossible for the victim to refuse the demand of sexual intercourse; and (c) inserted the Defendant’s sexual organ into the victim’s sexual organ at the sexual flag of the victim (the age of 14 and the second grade of the middle school at that time) by force, she, by inserting the victim’s sexual organ into the victim’s state.
"Change to "," and on April 17, 2012, the date and time of the crime concerning the violation of the Act on the Protection of Juveniles from Sexual Abuse (such as the purchase of sex).