The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

A probation order requester shall be for five years.

1. Summary of grounds for appeal;

A. At the time of committing each rape as stated in paragraph (1) of the facts constituting the crime of misunderstanding of facts in the judgment of the court below (hereinafter “Rape of this case”), the victim was suffering from the victim’s room, and the mother of the victim was locked from next to the victim’s room.

As such, it is difficult to readily believe that the statement made by the Defendant and the person requesting probation order (hereinafter “Defendant”) who had symptoms prior to an uneasy donation and who raped the victim within a short time of one-minute period.

In addition, the mother of the victim does not coincide with the statements of the victim when he/she observed the indecent act against the victim, or when his/her birth took part in the victim's indecent act against the victim.

In light of these circumstances, even though it is difficult to reliable the statements of the victim, the court below found the victim guilty of all rape crimes of this case using the victim's statement as its main evidence. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court (six years of imprisonment) is too unreasonable.

2. Determination

A. 1) On the grounds of appeal, the Defendant alleged that the Defendant committed an indecent act by assaulting the victim’s chests, such as deceiving the victim’s chests, but the Defendant did not commit rape.

In full view of the following circumstances acknowledged by the evidence duly admitted and examined, the lower court rejected the Defendant’s assertion on the following grounds: (a) it is sufficiently reliable that the statement of the victim, which is the only direct evidence for the crime of rape in this case, was sufficiently reliable; and (b) it was found that the Defendant committed rape in each of the victims.

(i)The victim has made two statements at the investigative agency on the facts of damage, and the defendant has made the victim.