Defendant

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

Of the judgment of the court below, the term "defendant" is against the defendant.

1. Summary of grounds for appeal;

A. The judgment of the court below which convicted the victim of the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) on the selective trust of only a part of the statements made by the victim without consistency in misunderstanding of facts is erroneous in the misconception of facts

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

C. The period of the attachment order (15 years) ordered by the court below relating to the attachment order (15 years) is too unfair.

2. Determination

A. 1) Determination of the lower court as to the assertion of mistake of facts

In the lower court, the lower court also argued that there is no credibility in the victim’s statement that he/she was raped even if he/she had sexual intercourse with the victim under the agreement with the victim. In so doing, the lower court rejected the Defendant’s assertion on the following grounds: (a) the victim’s partial statement made by the investigative agency that he/she was raped and the statement made by the court of the lower court was reliable; and (b) the Defendant could sufficiently recognize the fact that the victim was raped as stated in the facts charged in the lower judgment; (a) the victim immediately stated on March 30, 2018 that he/she was sexual intercourse B or was raped by the Defendant on March 30, 2018, and filed a complaint against the Defendant.

The victim appeared at the investigative agency on the day of the report and stated specifically the situation at the time of rape and immediately after the rape.

The contents of the statement are natural and consistent with the statements of the victim in the original court.

B. On August 13, 2018 and April 14, 2018, the victim appeared at the investigative agency and reversed the previous statement, and "B had sexual intercourse with the defendant under the agreement of the defendant, but B could no longer make the statements more specific by making the fact of sexual intercourse with the defendant.