The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

The defendant shall be treated for 40 hours of sexual assault.

1. Summary of grounds for appeal;

A. Of the facts charged of mistake of facts, the Defendant and the person requesting an attachment order (hereinafter “Defendant”) did not use force, such as assault, intimidation, threat, force, etc., against the victim E (hereinafter “victim”) and there is no fact that sexual intercourse was conducted.

B. The lower court’s sentencing (7 years of imprisonment, 40 hours of sexual assault treatment program, 10 years of disclosure and notification order) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The Defendant alleged the same assertion in the lower court, but the lower court found the Defendant guilty of this part of the facts charged on the following grounds.

1) The victim’s statement that corresponds to the facts charged that the credibility of the victim’s statement is reliable is difficult to know if the victim’s statement was merely 14 years old, without direct experience, and its content is specific and clear. Since the investigation agency maintains consistency from this court to this court, the victim’s statement is reliable. 2) The circumstances required by the defendant and his defense counsel do not constitute impeachment on the part of the defendant and his defense counsel. On the other hand, the defendant and his defense counsel continued to stay in the defendant’s residence even after the victim was rape. 2) The victim’s statement was drinking together with the defendant, and i.e., I and J got money under the name of sexual assault agreement by going together with the victim’s dwelling. This is the victim’s conspiracy to obtain the money of the defendant in advance and it appears that the victim was sexual intercourse with the defendant. 3) The victim did not report immediately after the report of this case was made by the defendant, and only after the report of this case was made by the defendant.

1. However, the victim is the victim.