A. In fact, the Defendant did not commit an indecent act or sexual intercourse with the victim under the circumstances as stated in each of the facts charged in the instant case, and there is no fact that the Defendant made a physical contact with the victim at the Defendant’s residence [the result of the appraisal by the Busan Investigative Research Institute of Science and Investigation of the Republic of Korea, it supports the Defendant’s assertion that the Defendant’s sperm and DNA were not detected in the quality and content of the victim, the knife, and the appearance of the victim]. Nevertheless, the lower court found the Defendant guilty of all of the facts charged against the Defendant on the grounds as stated in its reasoning. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment

B. The sentence sentenced by the lower court to the Defendant (six years of imprisonment, etc.) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant asserted the same purport in the lower court, and on this basis, based on the legal principles as indicated in the judgment and the circumstances acknowledged by the evidence duly admitted and investigated by him, the lower court found the Defendant guilty of all the charges on the ground that the Defendant had committed indecent act and sexual intercourse by force on the part of the victim with mental disability as indicated in each of the facts charged in the instant case.

Examining the judgment of the court below in comparison with the evidence legitimately adopted and examined by the court below, the judgment of the court below is just and acceptable, and there is an error of law as alleged by the defendant.

In addition, there is no reason to see [the addition, on the statement of reply to the fact made by the Director of the Busan Science Investigation Agency of the National Scientific Investigative Research Institute, if there is any insertion of the sexual flag, the fixed cultivation reaction is not caused, and even if there was any insertion of the sexual organ, the quantity, the degree of washing, the passage of time, and the victim's identity.