The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a maximum term of three years and a short term of two years and six months.

For the defendant.

1. Summary of grounds for appeal;

A. Although there is no credibility in the victim's statement about the injury caused by rape in the instant case due to mistake of facts, the lower court found the Defendant guilty of this part of the facts charged.

B. The sentence of the lower court on the Defendant’s sentence of unreasonable sentencing (the imprisonment for a maximum of five years, three years of imprisonment for a short term, and 80 hours of completing sexual assault treatment programs) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts in the original instance, the Defendant also argued to the same effect as a mistake of facts among the grounds for appeal in the trial at the original instance, and the lower court rejected the above assertion in detail under the title "the judgment on the defendant and his defense counsel's assertion". Examining the judgment of the lower court in comparison with the evidence, the judgment is just and acceptable.

In particular, according to Article 26(4) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012), a victim’s statement recorded in the video CD is a victim’s statement under the age of 16 at the time of the instant case, and a victim’s statement recorded in a video recording device, such as a video recorder, recorded and preserved the content and process of the victim’s statement may be admitted as evidence if the victim’s statement is genuine by the statement made by the victim or a person in the fiduciary relationship who was present in the investigation process on the day of preparatory hearing or court date. Thus, the mother of the victim who was present in the investigation process, stated in the lower court that the victim’s statement in the video CD is a video recording device as it is, and thus, the victim’

The following circumstances recognized by AM’s statement in the original trial, i.e., ① the victim, together with the Defendant, BF, BN, andH on the day of the instant case, enters the room of the other persons who drink in the Defendant’s house house.