The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for a period of four years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

The victim's statement, the victim's statement, the police statement about the victim's statement, the victim's statement, the defendant did not consent to be admitted as evidence, and the authenticity of the formation was not recognized by the statement of the original person, and it cannot be viewed that it was made in a particularly reliable state under Article 314 of the Criminal Procedure Act.

Nevertheless, since the court below adopted it as evidence without admissibility, it erred by misapprehending the legal principles and affecting the conclusion of the judgment.

In the case of assaulting a misunderstanding of facts, the Defendant committed the crime of assaulting a mistake only once, and committed the Defendant’s left hand against the victim’s left hand on the victim’s left face, and the lower court convicted the Defendant of all this part of the charges, such as that the Defendant took the victim’s left head on the victim’s hand. In addition, the lower court convicted the Defendant of all these charges.

The defendant, who committed rape, has a sexual intercourse with the victim who was a sexual intercourse and has a conversation between him and the victim who was a sexual intercourse, and finally, he did not have a sexual intercourse with the agreement to engage in sexual intercourse and rape.

The injured party has sufficient motive to make a false statement by seriously disputing the defendant while pursuing male relations from the defendant. Therefore, there is no credibility in the statement.

Nevertheless, the court below found the victim's statement as evidence and found the victim guilty of this part of the facts charged.

The lower court’s punishment (two years of imprisonment and 40 hours of order to complete sexual assault treatment programs) on the ground of unfair sentencing is excessively unreasonable.

Judgment

In order to use the protocol under Article 312 of the Criminal Procedure Act, or the statement, documents, etc. under Article 313 of the same Act as evidence under Article 314 of the same Act, a person who needs to make a statement on the court date shall make a public decision due to death, disease, overseas residence, unknown whereabouts, or any other similar cause.