The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault, 40 hours against the defendant.

1. Summary of grounds for appeal;

A. Violation of the rules of evidence and mistake of facts 1) The written statement prepared by the victim in violation of the rules of evidence and each written statement made by the victim against the rules of evidence and each written statement made by the victim, which the victim did not appear in the court and did not admit the authenticity thereof, and Article 314 of the Criminal Procedure Act does not meet the requirements, and thus, it is inadmissible. The Defendant’s written statement by the court below as well as the Defendant’s written statement by the court below is inadmissible as it is a full-time statement from the victim. Nevertheless, the measures taken by the court below to adopt and investigate the above evidence as evidence and on the basis of conviction are contrary to the rules of evidence. 2) The Defendant, prior to September 6,

3) There is no fact that the Defendant committed an indecent act on the part of quasi-indecent act by compulsion as stated in the lower judgment. B. The lower court’s sentence of unreasonable sentencing (such as imprisonment with prison labor for four years) is too unreasonable.

2. Determination

A. In order for a person to make a statement at a preparatory hearing or a trial date to be admitted as evidence as to the defendant's assertion of violation of the rules of evidence and each statement of evidence against the victim, etc. under Article 314 of the Criminal Procedure Act, the person who needs to make a statement at a preparatory hearing or a trial date shall be a person who is unable to make a statement at a public trial due to his/her death, disease, overseas residence, unknown whereabouts, and other similar reasons, and the preparation of the statement or document shall be made under particularly reliable circumstances.

First, "when a person who needs to make a statement on the preparation for trial or the date of trial is unable to make a statement because of death, illness or other reasons" includes the case where the person cannot confirm his/her whereabouts even though he/she made a request for the detection of his/her whereabouts because a writ of summons becomes unable to be served due to unknown address, etc.

another.