The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. 1) The lower court recognized the admissibility of each protocol on the F prepared by the police, which the Defendant did not agree to admit as evidence, as evidence of conviction. However, the F did not appear as a witness in the lower court and the Defendant or his defense counsel could not examine F, and thus, the admissibility of each protocol cannot be recognized.

2) The Defendant paid 120,000 won to F, which is a juvenile, to F, and attempted to engage in F and sexual intercourse with F, but F demanded 150,000 won in return for sexual intercourse and failed to engage in sexual intercourse.

3) Nevertheless, the court below found the defendant guilty of the facts charged in this case based on each of the above evidence which has no admissibility of evidence. The court below erred by misunderstanding facts or misunderstanding of legal principles.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. 1 Determination on the Defendant’s misunderstanding of facts, etc. 1) According to the relevant legal principles and Article 314 of the Criminal Procedure Act, in order to use the protocol under Article 312 of the same Act or the documents under Article 313 of the same Act as evidence, the first person who needs to make a statement must be a case where he/she is unable to make a statement at a preparatory hearing or at a public trial due to death, disease, residence in a foreign country, or any other reason, and the preparation of the statement or document should be made under particularly reliable circumstances.

If a person who needs to make a statement has a certain residence but fails to comply with summons of the court, and even if the arrest is made impossible to be examined in the court, or if the court fails to serve a summons of a witness to the person who needs to make a statement on several occasions and thereby makes it impossible to identify the person's location even though he requested the detection of the location, the court can not make a statement by attending the court in the official ruling as prescribed in Article 314 of the Criminal Procedure Act.