Defendant

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

1. Summary of grounds for appeal;

A. Although the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) do not have any fact at the instant site, the lower court, which found that the Defendant raped the victim solely based on the victim’s statement and the results of genetic appraisal, erred by misapprehending the fact.

B. Prosecutor 1) The lower court’s dismissal of the Defendant’s request for an attachment order, despite the risk of recidivism, is unreasonable. 2) The lower court’s dismissal of the Defendant’s request for an attachment order is unreasonable.

2. Determination:

A. The lower court’s determination of the Defendant’s misunderstanding of the facts as to the Defendant’s 1 case was based on the following facts: (a) the victim’s statement was made in a relatively concrete and comfortable manner with regard to the situation at the time of the crime; (b) the victim’s statement was made on a date and time in light of the victim’s statement circumstance, statement attitude, and content that it was impossible to make a statement if the victim did not actually occur or did not experience; (c) the victim’s panty and quality contents were consistent with the Defendant’s DNA; (b) there was no special circumstance to suspect the manipulation or error in the process of collecting appraisal materials; and (c) there was no special circumstance to deem that the gene assessment result did not go through appropriate procedures in the process of analyzing the gene punishment; and (c) the Defendant could have trusted not only the victim’s panty in Busan Northern-gu, Busan, the scene of the crime in this case, but also the victim’s sexual panty in the instant case.