(a) misunderstanding of facts: There is no sufficient proof that the victim has suffered bodily injury (such as malutism of women);

B. Unreasonable sentencing: The sentence of the lower court (five years of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant argued to the same purport in the lower court. The lower court, on the following grounds, determined that the victim was sexually suffering from the crime of this case. ① After the first investigation at an investigative agency, the victim stated to the effect that “after the first investigation, the victim had no experience in sexual intercourse prior to the crime of this case, and suffered from sexual intercourses due to the crime of this case.” The victim made a statement to the same effect in the court. When the victim was present at the investigation agency for the first time, the victim did not ask the investigative agency whether he was directly suffering from sexual intercourses (the victim’s legal statement, and the question whether he was a multi-friendly place is a legal injury). It seems that the victim did not respond to the fact that the victim was sexually suffering from sexual harassment because he had known about whether the sexual wave was a legal injury.”

(2) Only the part of the fact that the victim suffered from rape in the course of making a true statement that he/she had sexual intercourse with the Defendant, the motive for making a false statement does not exist in particular.

③ On December 23, 2019, the date of the instant crime, the victim observed the medical record of the Chungcheongnamnam University Hospital Hospital, which was located in the Republic of Korea on December 23, 2019, in the sense that it is doubtful of mal waveaorifice.

The term "" is written as "."

④ On December 13, 2019, the date of the instant crime, the victim received a medical examination from F on December 13, 2019, stating as follows: “The victim’s experience in the medical examination record is not a sexual experience.”

5. The victim who committed the instant crime.