Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Error of facts (1) The Defendant and the respondent for the attachment order and the respondent for the attachment order (hereinafter “defendants”) have a sexual intercourse with the victim with the victim’s consent and have taken the victim’s body.

Therefore, the guilty part of the judgment of the court below which recognized that the defendant had raped the victim, forced acts by compulsion, and taken the victim's body against the victim's will is erroneous.

(2) As to the facts charged that the Defendant, on October 2010, had sexual intercourse with the victim, who was a female female juvenile, by force on the early female on October 2010, in light of the fact that, at the time, the victim was in a situation where it was difficult for the Defendant to refuse the Defendant’s demand because the victim was 13 years old, and the victim clearly expressed his/her intent to refuse physical contact, but the Defendant impliedly committed sexual intercourse, the lower court erred by misapprehending the facts charged, but the lower court acquitted the Defendant.

B. The Defendant asserts that the sentence of the lower court (a prison term of seven years, 80 hours’ order to complete sexual assault treatment programs, and 10 years’ order to disclose information) is too unreasonable, and the Defendant asserts that the sentence of the lower court is too uneasible and unreasonable.

2. Determination

가. 피고인의 사실오인 주장에 관한 판단 원심이 적법하게 채택하여 조사한 증거들에 의하여 알 수 있는 다음과 같은 사정, ① 피해자가 2010. 5.경 청주에서 어떤 남자로부터 성폭행을 당할뻔한 일을 겪은 후 충북 영동군 D에 있는 외조부모 댁으로 와서 부모님과 떨어져 살게 되었는데, 피고인은 그러한 사정을 알고 당시 평택시 E에 거주하고 있었음에도 피해자의 외조부모 댁까지 찾아와 피해자에게 이성으로 사귀자고 하며 접근한 점, ② 피고인은 피해자와 성관계를 가질 때 피해자의 허락 없이 그...