The judgment below

The part of the defendant's case shall be reversed.

The defendant shall be innocent.

The court below rendered a judgment dismissing the prosecutor's request with respect to the part of the defendant's case and the part of the case for which the request for attachment order was filed. Accordingly, the defendant appealed only to the part of the case for which the request for attachment order was filed. Thus, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders as there is no interest in appeal, this part shall

Summary of Grounds for Appeal

The Defendant alleged misunderstanding of facts did not have quasi-rapeed the victim as stated in the instant facts charged.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of the rules of evidence and incomplete deliberation, which affected the judgment.

The imprisonment (five years of imprisonment) imposed by the court below on the defendant is too unreasonable.

Judgment

Around April 21, 2011, the Defendant, at the home of the Defendant of the E apartment apartment in Yangju-si, drinked alcohol with the Victim F (F, 14 years of age) of the Defendant, who was flited, and had the victim under the influence of alcohol, and had the victim forced sexual intercourse with the victim, and exceeded the clothes of other victims listed above the body of the victim who was unable to enjoy alcohol, and raped the victim by having sexual intercourse once.

The lower court determined as follows, based on the evidence duly admitted and investigated by the lower court: (i) the victim heard the content that “the victim remains in his lifelong memory” while receiving sexual education from a school, and asked him to report it in the course of counseling with Nonging; and (ii) the victim was a middle student when committing the instant crime in this court, and thus, cannot be notified or reported of the fact of damage because it was inevitable for him/her to depend on his/her family, including the Defendant.