The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (the grounds for appeal shall be limited to the statement in the grounds for appeal submitted within the period for filing the grounds of appeal, and each statement in the grounds for appeal, including the summary of oral proceedings, submitted after the period for filing the grounds for appeal expires

A. The Defendant did not have sexual intercourse with C, claiming a misunderstanding of facts as to the minor’s constructive rape.

B. The Defendant asserted a misunderstanding of facts regarding the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) and naturally agreed with H without threatening H or exercising coercive power against H.

Even after this case, the relationship with H was naturally formed.

Nevertheless, the court below erred by misunderstanding the facts that found the defendant guilty of this part of the facts charged and thereby affecting the conclusion of the judgment.

C. Each sentence of the lower court on the ground of unfair sentencing (the completion of a sexual assault treatment program for five years and 80 hours of imprisonment, disclosure and notification for five years, one year of imprisonment, and 300,000 won of fine) is unreasonable.

2. Determination

A. The appellate court’s determination on the credibility of a witness’s statement made by the witness in the lower court as to the assertion of misunderstanding of facts as to the minor’s constructive rape is in principle based on the records including the protocol of witness examination. Thus, in determining the credibility of a witness’s statement, there is an essential limitation that the witness’s appearance, attitude, and statement cannot be reflected in the statement as at the time of the statement, which is one of

Considering these differences in the method of evaluating credibility according to the spirit of the principle of substantial direct examination, the lower court’s judgment on the credibility of the witness statement in light of the content of the lower judgment and the evidence duly examined in the lower court, or there are special circumstances to deem that the lower court was clearly erroneous, or comprehensively taking account of the results of the lower court’s examination and the results