A. On September 12, 2012, the Plaintiff and the Defendant filed a criminal charge of rape, indecent act by compulsion, etc. against the Plaintiff from around 1984.

However, on December 14, 2012, the defendant filed a complaint with the intention of denying the facts of suspicion, and filing a complaint with the plaintiff for false content.

B. Upon the Plaintiff’s accusation, the Defendant was indicted of violation of the Act on the Punishment of Sexual Violence Crimes and the Protection, etc. of Victims (Rape based on Relatives, indecent act by blood, etc.) and charges of non-componion (hereinafter “instant criminal act”) committed against the Plaintiff as stated below (hereinafter “the instant criminal act”). The Defendant denied the charges and was sentenced not guilty on June 5, 2014.

On November 20, 2014, the Prosecutor appealed to the Gwangju High Court 2014No226, the Defendant denied the facts charged in the appellate court, but the appellate court found the Defendant guilty on November 20, 2014 and sentenced the Defendant to five years of imprisonment.

The Defendant appealed to the Supreme Court Decision 2014Do16353 on May 28, 2015, but the judgment of the appellate court became final and conclusive on the same day.

[Facts of Prosecution]

1. Around November 2006, the defendant violated the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (Rape in Relatives) committed rape against the plaintiff who was in the relationship of relatives on November 2006.

2. Around November 2006, the Defendant committed indecent act by compulsion against the Act on the Punishment of Sexual Crimes and the Protection of Victims (indecent act by compulsion in relation to relatives) by force on the part of the Plaintiff who was related by blood around November 2006 after committing the crime set forth in paragraph (1).

3. Scambling, 207