All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Although Defendant 1 did not assault the victim, the lower court found Defendant guilty of all the charges on the grounds of the victim’s statement that is not reliable. In so doing, the lower court erred by misapprehending the rules of evidence, or by misapprehending the facts.

2) The lower court’s improper sentencing is too unreasonable.

B. Comprehensively taking account of the evidence submitted by the prosecutor, such as the prosecutor 1), although the defendant could sufficiently acknowledge the fact that he had sexual intercourse seven times with D having a mental disorder and committed three times of indecent act, the court below acquitted all of the facts charged, which is erroneous in the misapprehension of facts and in the misapprehension of legal principles.

2) Improper sentencing of the lower court is deemed unreasonable.

2. Determination

A. The Defendant also asserted that the lower court’s determination on the Defendant’s assertion of mistake of fact was identical to the assertion of mistake of fact, etc., and the lower court rejected the aforementioned assertion by stating in detail the judgment on the assertion.

The following circumstances, which are acknowledged by comprehensively taking account of the evidence duly adopted and examined by the court below and the court below in light of the circumstances revealed by the court below, i.e., ① the victim was wraped with male and female students at home with a large amount of 7 years in relation to assault around 20:00 on November 8, 2015.

The victim thrown away the Defendant’s flag tag, and the Defendant flowed the victim’s head, knife the victim’s head, and knife the victim’s head into the floor, and clife the windows.

The Defendant consistently stated to the effect that “the passport was discarded”, and ② the Defendant also stated in the prosecution that “the Defendant was a son of the victim’s chest.”

In Korea, the defendant made a statement to the effect that the defendant is less than the victim, but the shoulder side is friendly by hand, and Ma also is married with the defendant in the investigative agency.