The defendant's appeal is dismissed.

1. The summary of the grounds for appeal did not have a fact that the defendant attempted to rape the victim by coercion or assaulting the victim, but the court below convicted all of the facts charged of this case on the basis of the statement of the victim with no credibility. The court below erred by misapprehending the rules of evidence or misunderstanding of facts.

2. The Defendant also asserted to the same effect as the Defendant alleged the above facts, and the lower court rejected the above assertion by providing a detailed statement on the judgment.

In light of the following circumstances, the lower court’s determination is justifiable, and the Defendant’s above assertion is without merit, in light of the following circumstances, which are acknowledged by comprehensively taking account of the evidence duly adopted and examined by the lower court and the appellate court.

A. The defendant asserts in the court below that the defense counsel expressed his/her intention to consent to the evidence against I/H's factual confirmation and the police's statement protocol to H, but this is against the defendant's will, and that since the defendant withdraws his/her intention to consent to the above evidence in the trial, the above facts confirmation and statement protocol are inadmissible.

Article 318(1) of the Criminal Procedure Act provides that “documents or articles on which a prosecutor and a criminal defendant have consented to be admitted as evidence shall be admitted as evidence if deemed genuine” and does not restrict the methods deemed genuine. Thus, documents or articles with consent may be admitted as evidence if the court recognizes such documents or articles as genuine in light of all the circumstances.

In addition, even though the declaration of consent to evidence can be cancelled or withdrawn before the completion of the examination of evidence, since the cancellation or withdrawal is not recognized after the examination of evidence is completed, the admissibility already acquired before the cancellation or withdrawal is not lost (see Supreme Court Decision 2015Do3467, Aug. 27, 2015). In addition, it is admitted as evidence.