Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

1. Summary of grounds for appeal;

A. Part 1 of the Defendant case: Defendant and the person requesting attachment order (hereinafter “Defendant”)

(2) Although there was a fact that the Defendant’s fingers were put in the Defendant’s fingers during the victim H’s sexual organ at the time and place indicated in the crime No. 2 of the judgment, the lower court’s sentence is too unreasonable.

B. Since part of the attachment order case cannot be deemed to have a habit of sexual crime against the defendant, it is reasonable to dismiss the request for the attachment order of this case.

2. Determination

A. The court below determined the mistake of facts as to the part of the defendant's case, i.e., the following circumstances acknowledged by the evidence duly admitted and investigated, i.e., the victim H, the counselor at the Seoul Onesaw Support Center of Seoul, on the date of the occurrence of the case, stated to the effect that "the defendant her sexual organ was frightened by the victim's sexual organ. The victim frighted her sexual organ during that process. The victim her sexual organ was obstructed by the victim's sexual organ after the crime. The defendant got out of the victim's sexual organ, and the defendant was her eye away from the victim's eye, and asked the victim with the above stop." ② The contents of the written request for appraisal by the National Scientific Investigation Agency of Korea to the effect that the defendant's sperm and DNA of the victim were detected by mixing the victim's DNA during the suspension collected at the scene of the crime of this case are consistent with the victim's above statement, ③ the victim H was fright to the right side of the victim's sexual impulse and the victim's sexual impulse.