The judgment below

Rape with relatives in violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims.

1. Summary of grounds for appeal;

A. The fact that the victim of misunderstanding of facts has attempted rape on 2005, i.e., 1. the decision of the court below.

Although the victim testified consistently as to the facts charged of the charge of the crime and the victim testified that the victim and the respondent for an attachment order (hereinafter referred to as the "defendant") had heard about the facts related to the crime at the time of the crime, it is improper to find the defendant not guilty of the above facts charged on the ground that the victim's testimony related to the other facts charged is not reliable.

In light of the defendant's statement at the prosecutor's office that the defendant had sexual intercourse with the victim and the circumstances where the defendant's mother seems to have suspected of committing the crime, etc., the court below acquitted the defendant, despite the credibility of the victim's statement, was erroneous.

(b) If a prosecutor who is deemed to have filed an appeal regarding a case involving an attachment order files an appeal against the case involving the accused case, he/she shall be deemed to have filed an appeal regarding the case involving the attachment order pursuant to Article 9 (8) of the Act on the Electronic Monitoring, etc.

2. Judgment on the violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (Rape in relation to relatives, minor rape, etc. under thirteen years of age);

A. The summary of the facts charged and the summary of the facts leading to the attachment order are as follows: at around 12:00, the Defendant tried to rape the victim by putting the victim E (the 12 years old at that time) who is his relative in the Defendant’s residence located in Seodaemun-gu Seoul Metropolitan Government (the panty and brode) away from his body with his own body with his own body and her body with his panty and panty broke, and by putting the victim under sleep, making the victim’s sexual organ booms, preventing him from going on the back on the ship, and by inserting the victim’s panty, and inserting the victim’s panty and panty, inserting the victim’s panty, and inserting the sexual organ, but she attempted to rape the victim.