Defendant

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

1. Summary of grounds for appeal;

A. The Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) have sexual intercourse under an agreement with the victim and do not have sexual intercourse by taking advantage of the victim’s state of impossibility to resist.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

C. Since part of the case of the attachment order cannot be deemed to pose a risk of recommitting a sexual crime, it is reasonable to dismiss the request for the attachment order of this case.

Even if it is not so, the period of attachment is too long.

2. Determination

A. 1) In light of the difference between the first instance court and the appellate court’s method of assessing the credibility of a statement made by a witness of the first instance in light of the contents of the first instance judgment and the evidence duly examined in the first instance court, unless there exist special circumstances to deem that the first instance court clearly erred, or in view of the result of the first instance court’s examination and the result of additional examination of evidence made by the time of closing argument, maintaining the first instance court’s judgment as to the credibility of a statement made by a witness of the first instance court is considerably unfair, the appellate court should not reverse without permission the first instance court’s judgment solely on the ground that the first instance court’s judgment on the credibility of a statement made by a witness of the first instance differs from the appellate court’s judgment (see Supreme Court Decision 2010Do3846, Jun. 24, 2010). The lower court acknowledged the fact that the victim was unable to resist by considering the victim’s belief in the court of the first instance and the fact that the victim was a victim of sexual intercourse.

In full view of the evidence duly adopted and examined by the court below and the trial court, the victim was locked, and the defendant was a sexual intercourse with the victim's body, the victim was broken or sound.