The defendant's appeal is dismissed.

1. The lower court dismissed the request for probation order, and only the Defendant appealed.

Therefore, notwithstanding Articles 21-8 and 9(8) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, the part of the judgment below regarding the request for probation order is excluded from the scope of the judgment of the court.

2. Summary of grounds for appeal;

A. Error of facts (Rape in relation to relatives) and the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc. in relation to the Crimes in the Judgment of the original instance) by the Defendant did not have sexual intercourse by inserting the sexual organ into the sound of the victim, although the Defendant puts the fingers into the sound of the victim.

The lower court found the victim’s statement without credibility as evidence and found the Defendant guilty of this part of the facts charged.

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

3. Judgment on the assertion of mistake of facts

A. The probative value of relevant legal principles is left to the discretion of a judge, but such judgment must be consistent with logical and empirical rules, and the degree of the formation of conviction to be found guilty in a criminal trial should not be reasonable doubt. However, this does not require to the extent that all possible doubts are excluded, and rejection of evidence that is recognized as having probative value is beyond the bounds of the principle of free evaluation of evidence.

A statement by the victim, etc. shall not be rejected without any justifiable reason, unless the major part of the statement is consistent, and there is no unreasonable or contradictory part in light of the empirical rule, and there is no motive or reason to make a false statement unfavorable to the defendant.