The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for twelve years.

Sexual assault, 40 hours against the defendant.

1. Summary of grounds for appeal;

A. The victim's statement concerning each of the facts charged in this case is not reliable, because the defendant and the person against whom the attachment order was requested (hereinafter "the defendant") misjudgments the facts or misapprehension of the legal principles. In particular, in relation to the indecent act by compulsion (the facts charged in the original trial in March 3, 2004 to February 25, 2005, the victim had a AC kindergarten located in Gwangju City at the time from March 3, 2004 to February 25, 2005, so the victim's statement that he/she was sexually and by indecent act at his/her own kindergarten on June 2013 cannot be trusted, and the victim's statement that he/she was rape (the facts charged in the original trial in the first instance) at the early police officer on June 2013.

A) On June 9, 2013, when the victim asserts that he was a criminal act, there was no room for the Defendant and the victim to have been placed in the Defendant’s house. Nevertheless, the lower court’s judgment convicting each of the facts charged of this case on the grounds of the victim’s statement without credibility was erroneous in matters of mistake of facts or misapprehension of legal principles. 2) The sentence (12 years of imprisonment) sentenced by the lower court to the Defendant is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination on the part of the defendant's case

A. 1) The lower court determined the Defendant’s assertion of mistake of facts or misapprehension of the legal doctrine on the crime No. 1 (Indecent act by force in 2003) as indicated in the judgment of the lower court, on the following grounds, found the victim’s statement related to the crime No. 1 of the lower judgment to be reliable and guilty of this part of the crime.

① On June 24, 2013, the victim stated that, at the police on June 24, 2013, an indecent act was committed between the age of 6 and 7, the season was not memory (Evidence No. 25 pages). On October 21, 2013, the victim stated that the police is the middle name of the kindergarten (Evidence No. 293 pages), and on November 4, 2013, the prosecutor stated that the victim was 6 years of age (Evidence No. 383 pages), and at the court of the lower court, the Defendant committed the crime from the Defendant at the age of 6.