A. There is no fact that the Defendant has sexual intercourse with the victim.

Nevertheless, the lower court found the Defendant guilty of raped the victim on February 21, 2015 (hereinafter “this part of the facts charged”) based on the statement of the victim without credibility. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence of imprisonment (four years of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. In the lower court’s determination of facts, the Defendant asserted the same purport as the grounds for appeal in this part.

The court below rejected the defendant's assertion and found the defendant guilty of this part of the facts charged in light of the following circumstances in its ruling, which are the "determination of the defendant's and his defense counsel's assertion", based on the evidence adopted by the court below.

Considering the following circumstances that can be additionally recognized by the evidence duly adopted and investigated by the court below and the court below, the above judgment of the court below is just, and there is no error of misapprehending the facts and affecting the conclusion of the judgment.

This part of the defendant's assertion is without merit.

① According to the statement attitude, statement content, etc. in this court, the victim seems to have difficulties in making a statement in a lump sum and in a specific sentence. However, there seems to be no particular problem about delivering the core part of his/her experience to others through short sentences and non-language behavior.

In this Court, the victim stated to the effect that "a defendant has sexual intercourses with him/her in spite of his/her refusal to do so, and in the process, he/she has added the parts of the victim to him/her."