The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) was without having made the victim E (hereinafter “victim”) the same remarks as indicated in the facts charged, and at the time, the victim was unaware of the fact that the victim was a child.

2. The judgment of the court below also asserted to the same effect as the grounds for appeal, and the court below also argued to this effect. The defendant alleged that ① the statement of the victim, who corresponds to the facts charged, is consistent and specific, and there is credibility in light of the degree of statement in the court of the court below, ② the statement “a request to cut off the time” includes the demand from the other party. In light of the fact that the defendant was taking the victim’s hand at the time, the defendant’s assertion that the above statement is a simple mixed formula is difficult to accept against the common sense. ③ The victim was 15 years old at the time, and his appearance, horses, voice, etc. seems not to go much beyond the high school student’s age. ④ The defendant was aware of the victim’s age as “17 years old at investigation agency” and “18 years old at the court of the court of the court below.”

statement, 5. The defendant's statement on the premise that the victim is a student

Based on the fact that “the victim is under 18 years of age,” etc., the Defendant could sufficiently recognize that the victim was a child under 18 years of age.

The decision was determined.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is justifiable.

3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.