The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that, for three years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

The court below alleged that the defendant had committed a mistake by adopting and investigating evidence which has no admissibility of evidence (see, e.g., e., e., e., Supreme Court Decision 201Da1548, Apr. 1, 201).

The statements made by the victim's investigative agency, which is the only evidence of the facts charged of this case, are not consistent with the methods and places of the crime, and are inconsistent with the F's statement that the contents were about the crime of this case from the victim.

It is difficult to eliminate the possibility of the victim's dismissal of the defendant for economic benefit.

As such, even though it is difficult to believe a statement in an investigative agency of the victim, the court below convicted the victim of the facts charged of this case on the basis of the victim's statement in the investigative agency. There is an error of misapprehending legal principles or misconception of facts.

The lower court’s imprisonment (three years of imprisonment, four years of suspended execution, etc.) on the ground of unfair sentencing is excessively unreasonable.

In full view of the following facts and circumstances that can be recognized by evidence duly adopted and investigated, the lower court determined that the statement made by the victim's investigative agency that conforms to the facts in the instant case was credibility.

(1) A statement made by an investigative agency of a victim contains detailed and specific contents that are difficult to make statements without direct experience.

There is no circumstance to suspect the inconsistency or credibility of a statement in an investigative agency of a victim in itself.

(2) After committing the crime, the victim sent F and B (a person in a de facto marital relationship with the victim's mother and the defendant) a message to the effect that the Defendant indecent act by force was committed by the victim.

(3) The F shall be the original judgment from an investigative agency to the original judgment.