The defendant's appeal is dismissed.

Summary of Grounds for Appeal

No defendant has committed rape against another person.

The victim often made a false statement in order to eliminate the problem when he/she was consulted with the wall problems.

The sentence of unfair sentencing (7 years of imprisonment, 80 hours of order to complete a sexual assault treatment program, 5 years of employment restriction order) of the lower court is too unreasonable.

In the judgment of the court below on the assertion of mistake of facts, the defendant argued the same contents as this part of the grounds for appeal, and the court below, upon considering the following circumstances acknowledged by the evidence duly admitted and investigated, did not accept the defendant's above assertion on the ground that the victim's statement is credibility, and the defendant was found to have raped the victim.

① Although the victim was a child or juvenile under 13 years of age with intellectual disability in the third degree of disability, and had limited recognition ability and language ability, the victim made a relatively consistent and clear statement from the investigative agency to the court of the court below to the effect that “from the investigative agency, the victim was a child or juvenile under 13 years of age, who was able to be aware of within the room, opened a door-to-door visit and was able to be locked and off his/her clothes, and made a sexual intercourse after being able to get off his/her clothes.”

② According to the video recordings made in F and the prosecution’s statement and the process of the investigation, the investigator examined the victim by open questions, and the appearance of the investigator’s speech and behavior likely to lead the victim to answer or sacrificing the victim or to be modified to the memory of the victim is not observed.

③ In detail, the victim’s color covered at the time of committing the instant crime, the place where the fixed amount of the Defendant was buried, and whether he/she was in possession of the key of the victim, etc., may not memory or make a statement in secret.