The judgment below

The guilty portion of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for two years.

For the defendant.

1. Summary of grounds for appeal;

A. Of the lower judgment by misapprehending the legal doctrine, each of the facts charged against the Defendant and the person who requested the attachment order (hereinafter “Defendant”) was specified to the extent that the scope of defense can be determined by the Defendant and the person who requested the attachment order (hereinafter “Defendant”)

shall not be deemed to exist.

Nevertheless, the court below convicted each of the above facts charged, which erred by misapprehending the legal principles on the specification of the facts charged, thereby affecting the conclusion of the judgment.

2) Of the lower judgment that misjudgments the facts, the statements made by the victim C (a 12 years old) concerning each of the facts charged in the guilty part of the lower judgment are not correct and distorted, or are different from the facts, and thus, they are not reliable.

In addition, the statements of the victim's parents are not reliable because they contain only the contents or do not meet the objective circumstances.

Nevertheless, the court below convicted each of the above facts charged on the basis of each of the above statements, which is erroneous in the misunderstanding of facts, thereby affecting the conclusion of the judgment.

3) The sentencing of the lower judgment that was unfair in sentencing (two years of imprisonment and forty hours of sexual assault treatment programs) is too unreasonable.

B. Prosecutor 1) Of the facts charged in the instant case, there is no room for misunderstanding of the legal principles as to the C’s statement on March 24, 2018 on the part of the Defendant’s residential intrusion and a minor’s constructive rape, in light of the interval between the time of the occurrence of the instant case and the time of the report, the structure of the statement, consistency, etc., and there is no room for misunderstanding the credibility of the said statement

In addition, even if the defendant's statement is based on the defendant's statement, it can be recognized that the defendant had time to block the crime as above.

Nevertheless, the court below found the defendant not guilty on the grounds that there is no proof of a crime, and there is an error of law by misunderstanding the facts and misunderstanding the legal principles on the rules of evidence, which affected the conclusion of the judgment.

2) A prosecutor for the case of the attachment order.