All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. (1) The Defendant did not have sexual intercourse with the victim at the time stated in the instant facts charged.

Since the meaning of a victim's statement is unclear or consistent due to intellectual disability, and it is possible that the contents of the statement have been contaminated by the outside person or has been damaged by another perpetrator, there is no credibility.

In particular, the victim's statement that she was raped at the defendant's home around winter in 2003 because she did not attend the defendant's public book operated by the defendant's house in winter in 2003 cannot be trusted.

Nevertheless, the lower court’s determination that recognized the instant facts charged based on the victim’s statement was erroneous.

② At the time of the instant case, the victim was not in the state of failing to resist due to the physical or mental disability in 2003.

Nevertheless, the court below found the facts charged of this case on the premise that the victim was in such status.

(2) The sentence imposed by the lower court on the Defendant (four years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Determination

A. (1) Determination of the Defendant’s assertion of mistake of facts (1) In full view of the following circumstances acknowledged by the lower court as to whether the Defendant had sexual intercourse as stated in the instant facts charged, and the evidence duly adopted and investigated by this court, the victim’s statement is reliable, and therefore, it can be acknowledged that the Defendant had sexual intercourse with the victim by such method at the time indicated in the instant facts charged

Therefore, the defendant's above assertion is without merit.

(A) The credibility of the victim’s statement is consistent, and 1. The victim’s first police statement is specific as to the situation at the time of the crime and the victim’s subjective perception.