Defendant

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

1. Summary of grounds for appeal;

A. Defendant and the respondent for an attachment order (1) The accused and the respondent for an attachment order (hereinafter “defendant”) did not commit each of the crimes of this case, and the victim’s statement cannot be deemed to have credibility.

(2) In light of the circumstances of unfair sentencing, the sentence imposed by the court below (five years of imprisonment) is too unreasonable.

B. In light of the circumstances of the prosecutor’s defendant, the sentence imposed by the court below (five years of imprisonment) is too unhued and unreasonable.

2. Determination

A. The Defendant’s case (1) acknowledged all the facts charged by the investigative agency to determine the mistake of facts. However, in the court of the court below, the court of the court below reversed the statement and reversed the victim’s statement, but did not have the intent to commit the crime as stated in paragraph (d), and argued that there was no fact as to the remainder of the crime as stated in the facts charged, but did not have the same act as stated in the facts charged. However, the Defendant again reversed his statement and argued that there was no fact as to the whole of the facts charged.

However, according to the evidence duly admitted and examined by the court below, the victim's statement is clearly distinguishable by each crime, and the contents of the crime are consistent with the defendant's statement concerning the situation before and after the crime, it is difficult to view that there is a special motive or reason that the victim intentionally made a false statement, and the circumstances leading to the report in this case, etc., the credibility is recognized when considering the facts leading to the report in this case (In addition, the circumstance leading to the reversal of the statement asserted by the defendant in the trial is difficult to easily understand)

(2) The Defendant did not have the same criminal records as to the allegation of unfair sentencing by the Defendant and the prosecutor, and the Defendant did not have any criminal records other than the fine.