Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

1. Summary of grounds for appeal;

A. Regarding the fact that there was a mistake of facts by force between persons with disabilities, the defendant and the person subject to a request to attach an attachment order (hereinafter referred to as the "defendant") merely listen to the victim's speech that the victim's omission was caused by the victim's sexual organ, and that there was no sexual intercourse between the victim and the victim.

With regard to the point of indecent act by compulsion of persons with disabilities, the defendant does not commit an indecent act against the victim.

With regard to special intimidation, the mother of the injured party, knowing that the Defendant intended to put excessive in a fishing room, thereby threatening the injured party, was aware that the mother of the injured party, thereby pushing the Defendant, thereby in contact with the body of the injured party, and intentionally threatening the injured party.

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

2. Determination

A. As to the assertion of mistake of facts, the first instance court argued that the Defendant did not have sexual intercourse with the victim, and that the knife did not threatened the victim. The lower court, which is acknowledged by the evidence, stated as follows: ① immediately after the victim was injured by the special intimidation of this case, the victim sent the victim to H, who was responsible for the Defendant, saying, “The victim sent the victim a knife with the knife, and immediately tried to go away from the house,” and the health teacher I heard the above horses from the victim who was in the school health room, followed the victim’s above horses, followed the victim’s knife to check the upper part of the victim’s left side and added the one knife to the victim’s knife. ② On the day of the instant case, the victim was consulted with the child protection agency, followed the victim’s knife and knife the victim, followed the victim, and knife the victim’s knife.