The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for fifteen years.

The defendant shall be 120 hours.

1. Summary of grounds for appeal;

A. Whether the defendant and the person who requested an attachment order (hereinafter referred to as the "defendant") are true misunderstandings about the facts stated in the judgment below, and the victim related to Paragraph 3 of the crime committed in the judgment of the court below was bound by the defendant's act of similarity with the victim, not by force.

B) At the time of the crime No. 4 of the facts constituting the crime of the lower judgment, the victim was harsh first of all, and there was a fluorous fact that the Defendant’s sexual organ, which was discovered, had the victim’s negative organ, but there was no fact of inserting the sexual organ.

2) The punishment sentenced by the lower court (12 years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination on the part of the case of the defendant

A. 1) Determination of the Defendant’s assertion of mistake of facts in the judgment of the court below is acknowledged based on the evidence duly adopted and investigated by the court below related to Paragraph 3 of the criminal facts in the judgment of the court below. In other words, at the time when the victim was present at the prosecutor’s office, the victim made a concrete statement as to the background of the crime as stated in Paragraph 3 of the criminal facts in the judgment of the court below, the Defendant’s speech and behavior, and the appraisal and response of the victim who was present at the victim. This is consistent with the writing posted by the victim on the Internet for the first time on the facts damaged by the victim, and the written statement written by the investigative agency at the time. The victim’s statement that the victim forced the victim to act of similarity is consistent and consistency, and credibility is acknowledged. ② The victim’s statement that the victim's sexual organ was put into the Defendant’s sexual organ voluntarily, but it is against food that the victim’s voluntary act of similarity against the Defendant, who did not have knowledge or experience in sex by being over 12 years of age.