A defendant shall be punished by imprisonment for three years.

However, the above punishment shall be imposed for a period of five years from the date this judgment becomes final and conclusive.

A. At the time of misunderstanding of facts, the Defendant only committed a sexual intercourse under the agreement with the victim, and did not assault or threaten the victim.

Nevertheless, the court below, however, has committed sexual intercourse with the victim after the defendant has threatened the victim's resistance by assault or intimidation.

The court below found the defendant guilty of rape, which affected the conclusion of the judgment by misunderstanding the facts.

B. The punishment sentenced by the lower court (five years of imprisonment) is too unreasonable.

2. Determination

A. 1) The judgment of the court below on the assertion of misunderstanding of facts was made in the first instance trial to the effect that “the Defendant had a sexual intercourse under an agreement with the victim and did not have any assault as stated in the judgment of the victim.”

The court below rejected the above assertion in light of the following circumstances revealed in the record: (a) the victim’s police officer’s consistent and specific damage statement from the victim to the court below’s court; (b) the victim’s body and degree, and the situation at the scene of the crime correspond to the victim’s statement; (c) the victim reported the defendant by requesting assistance from the victim immediately after the crime; (d) the victim did not have any motive to mislead the defendant; and (d) the defendant’s investigative agency’s statement to the effect that “a person who sexual intercourse and inflicted bodily injury upon the victim by assaulting the victim to resist, thereby recognizing the fact that the victim inflicted bodily injury,” as stated in its reasoning, the court below rejected the above assertion on the grounds that the defendant raped the victim and inflicted bodily injury.

2) If the above judgment of the court below is examined closely by comparison with the evidence duly adopted and examined, the judgment of the court below is just and acceptable, and contrary to the allegations of the defendant, it is erroneous that the judgment of the court below is erroneous.