A. misunderstanding of facts and misunderstanding of legal principles (i.e., violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes: Rape into the victim D’s residence, and rape was committed; however, this is merely an intrusion for the purpose of larceny with the victim’s knowledge that there was no human being, and there was no intention of robbery, and there was no demand for cash by threatening the victim in knife before rape. Therefore, it should be based on simple rape.

【Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief). There is no other crime committed by 29,30,31,35 of the annexed crime list in the original adjudication, and there is no other crime committed by the investigation agency, and there is a false confession by the inquiry and opinion of the investigation agency.

B. The lower court’s sentencing (ten years of imprisonment, 80 hours of order to complete a sexual assault treatment program, 10 years of disclosure and notification order) is too unreasonable.

2. Determination on the grounds for appeal

A. As to the assertion of mistake of facts and misapprehension of legal principles, it is deemed that the victim D’s statement (police statement) that corresponds to the facts charged in the instant case is highly reliable in light of the following: (i) the victim’s statement (police statement) was made on the day of the instant crime; (ii) the victim’s statement (police statement) was made without direct experience; (iii) the Defendant’s statement, objective evidence and circumstance up to the court below’s trial; and (iv) there was no motive for the victim to make a false statement.

On the other hand, it is difficult to recognize the credibility of the defendant's confession statement from the investigative agency to the court of the court below in light of the fact that it is very specific that the confession statement is voluntarily made by the defendant to the court of the court below.

Therefore, this part of the facts charged is the defendant's legal statement, victim's statement, field identification report, and DNA personal information, which are the evidence duly adopted and investigated by the court below.