The judgment of the court below (including the portion not guilty) shall be reversed.

A defendant shall be punished by imprisonment for ten years.

. against the Defendant.

The summary of the grounds for appeal and the person who requested an attachment order (hereinafter referred to as the "defendant") by the court below (hereinafter referred to as the "defendant") are too unreasonable.

According to the victim's statement of the non-guilty part of the prosecutor's grounds of appeal and the father's statement of the victim who testified that the crime of this case was committed, even if it is sufficiently recognized that the crime of this case was committed, the court below erred by misapprehending the facts, and thereby affecting the conclusion of the judgment.

The sentence of the court below's improper assertion of sentencing is too uncomfortable.

As long as an appeal has been filed with respect to the part of the case for which the request for attachment order is filed, it is deemed that an appeal has been filed with respect to the part of the case for attachment order pursuant to Article 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, Etc.

Judgment

The summary of this part of the facts charged concerning the prosecutor's assertion of mistake of facts was raped by suppressing the victim's resistance as stated in the facts charged in the judgment of the court below after inserting the victim's sexual organ into the victim's negative organ.

The lower court found the Defendant not guilty on the grounds of the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape of Minors under the age of 13) on the sole basis of the evidence submitted by the Prosecutor, on the following grounds: (a) comprehensively taking account of the evidence duly admitted and examined; and (b) it is insufficient to readily conclude that the instant crime was committed.

(1) There was a inserting of the Defendant’s sexual characters

there is no direct evidence to determine the person.

② 피해자는 수사기관에서 “ 고추가 잠지를 만졌는데 아팠다 ”라고 진술하였으나, 그와 함께 “ 피고인이 자신의 몸 위에서 몸을 움직였는지 기억이 나지 않는다”, “ 피고인이 성기를 비볐다 ”라고 진술하기도 하였다.

Thus, it is concluded that the defendant's sexual organ was inserted into the victim's sexual organ only with the preceding statement.