Nevertheless, the judgment of the court below which found the defendant guilty on the basis of the victim's statement without credibility is erroneous in the misapprehension of facts and legal principles.

The punishment sentenced by the court below to the defendant (five years of imprisonment) is too unreasonable.

Judgment

In the lower court’s determination as to the assertion of mistake and misapprehension of the legal doctrine, the Defendant asserted the same as the grounds for appeal in this part, and the lower court rejected the above assertion on the grounds of the circumstances indicated in its reasoning. In addition to the circumstances, the lower court duly admitted and investigated the evidence, namely, the following circumstances acknowledged by the evidence, i.e., ① the victim stated that he/she was forced to take part in the Defendant on the day of the instant case on the ground that he/she would have taken part in the middle school where the Defendant was the victim, and in this regard, the Defendant was unaware that he/she

However, the Defendant had been aware by the police that he had already been aware of whether the victim was a middle school student before the victim met on the day of the instant case.

The evidence of the statement 111 pages, 2. The defendant asserts that the victim tried to take the victim at the time of the first call on the day of the instant case, but the victim took a drink by making a false statement that he/she should take a part in the house and have a few hours outside the house. The victim made a false statement that he/she had a relative to the house at the time of the first call of the Defendant on the day of the instant case. However, the reason why the victim made a false statement is not to put together with the defendant, but to put the victim at the house as soon as possible, is 64 pages of the trial record, and 3. The victim's right-hand check is different.