In addition, both the appeal by the person requested to attach an attachment order and the appeal by the prosecutor are dismissed.

Defendant

In addition, the Defendant alleged misconception of facts or misapprehension of legal principles regarding the person subject to the request for attachment order (hereinafter referred to as the “defendant”) was engaged in the business of vicarious driving in the old age at the time of committing the instant crime, and thus, the victim was not forced to commit an indecent act, such as the instant crime.

Rather, the victim made a false statement in order to simplify the relationship between her mother and the Defendant, and the lower court convicting the Defendant on the ground of the victim’s statement without credibility is unlawful.

Even if the court below found the defendant guilty of the assertion of unfair sentencing, the punishment (ten months of imprisonment and two years of suspended execution) imposed on the defendant is too unreasonable.

In light of the contents of the instant crime, etc., the sentence imposed by the lower court against the Defendant is too uneasible and unfair.

In light of the fact that the defendant's part of the claim for attachment order had the history of criminal punishment for the same crime, the court below dismissed the defendant's request for attachment order against the defendant despite the recognition of the risk of repeating a sexual crime.

Judgment

As to the Defendant’s assertion of mistake of facts or misapprehension of legal principles regarding the part of the Defendant’s case, the lower court also asserted the same as the grounds for appeal in this part. Accordingly, the lower court stated that “The following circumstances known through the record, namely, ① the victim made a relatively concrete statement about the instant crime and its incidental situations, which does not include any detailed contents that could not be known without direct experience, and the part that is reversed or inconsistent with the victim’s statement is not discovered, and there is no intentional manipulation or exaggeration of the content of damage with any intention.