Defendant

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

1. Summary of grounds for appeal;

A. The statements made by the victim D (here and son of the defendant, hereinafter referred to as the "victim") that the defendant and the person against whom the attachment order was requested (hereinafter referred to as the "defendant") were raped by the defendant are not reliable, and confession made by the defendant at the prosecution is a false confession made by the defendant at his own heart.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged in this case on the grounds of the statement of the victim with no credibility or the defendant's false confession, etc.

B. Prosecutor 1) The lower court’s sentence of unfair sentencing (five years of imprisonment) is too uneasible and unreasonable. 2) The Defendant, who was in violation of a request to dismiss an attachment order, committed a sexual crime against a victim under the age of 19, while having a previous record of a sexual crime, thereby recognizing the recidivism of a sexual crime and danger of recidivism.

Nevertheless, it is unreasonable for the court below to dismiss the defendant's request for attachment order.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the lower court also asserted the same purport as the grounds for appeal in this part.

The court below duly admitted and examined the following circumstances, namely, ① the developments leading up to the occurrence of the instant case, ② the degree of violence committed by the Defendant at the time of the instant case, whether or not the Defendant drinked, the surrounding circumstances before and after the instant case, and the victim’s subjective sentiments, etc. are consistent and logical; ② The victim expressed his/her intent not to punish the Defendant, and ③ the Defendant also recognized his/her own crime at the prosecutor’s office, by taking into account the following factors: (a) detailed information and the context before and after the instant case occurred; (b) the victim’s characteristic statement; and (c) the victim expressed his/her intent not to punish the Defendant; and (c) the Defendant also expressed his/her intent not to prosecute the Defendant.