Defendant

In addition, all appeals filed by the respondent for an attachment order and the prosecutor are dismissed.

The summary of the grounds for appeal is that the defendant and the person who is the defendant and the person who is requested to attach an attachment order (hereinafter referred to as "defendant") committed an indecent act against the victim.

The victim’s statement that corresponds to the facts charged in the instant case is the time when the victim was damaged, or when the victim was consulted on the important contents of the damage, and each of the statements in investigation agencies and courts are not consistent, and the victim’s usual behavior and behavior immediately after the instant case cannot be believed.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged on the ground of the victim’s statement without credibility, etc. erred by misapprehending the rules of evidence and thereby affecting the conclusion of the judgment.

The punishment sentenced by the court below (two years and six months of imprisonment) is too unreasonable.

The sentence imposed by the court below on the defendant is too uneasible and unfair.

Despite the risk of recommitting a sexual crime against a defendant, it is improper for the court below to dismiss a prosecutor's request to attach an electronic tracking device of this case against the defendant.

Judgment

As to the Defendant’s assertion of mistake of facts in the part of the instant case, the lower court also asserted the same purport as the grounds for appeal, and the lower court rejected the judgment in detail on the above assertion under the title “determination of the Defendant and the defense counsel’s assertion” in the judgment.

In full view of the following circumstances, such as the reasoning of the lower court duly admitted and investigated evidence, the victim’s statement that corresponds to the facts charged in the instant case can be sufficiently reliable. As such, the lower court rejected the Defendant’s assertion and then the Defendant sustained the victim.