A. In fact, misunderstanding the legal doctrine and misunderstanding the other party to sexual traffic, the Defendant was aware that the other party to sexual traffic was a victim D (n, 55 years old) who was older than the age of the other party, and then was aware that he was punished for sexual traffic, and 200,000 won issued in return for sexual traffic was returned to the injured party, and there was no 20,000 won

The Defendant did not plan robbery in advance, and did not carry any deadly weapon at the time.

In the process of committing robbery, the defendant did not end up with the victim due to cables, strings, etc., but merely bound the victim's grandchildren at the time of sexual intercourse with the victim at the time of sexual intercourse with the victim.

According to this, the defendant should be pronounced not guilty.

B. The sentence of the lower court’s improper sentencing (four years of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, the degree of formation of a conviction for finding a guilty guilty in a criminal trial should not be free from a reasonable doubt. However, it is not required to exclude all possible doubts, and rejection of evidence recognized as probative value by causing a suspicion without a reasonable ground is not allowed beyond the limit of the principle of free evaluation (see, e.g., Supreme Court Decisions 94Do1335, Sept. 13, 1994; 2007Do10728, Mar. 14, 2008; 2008Do1212, Aug. 20, 2009). The court below's decision does not deny the credibility of the witness's statement solely on the ground that the witness's statement is consistent in its main part, and it is somewhat inconsistent with the witness's statement on other matters (see, e.g., Supreme Court Decision 2007Do10728, Mar. 14, 2008);

The initial situation that occurred from the toilets in Korea, the victim.