For the reasons indicated in its holding, the court below rejected the grounds for appeal on the mistake of facts against the judgment that the defendant abuseds the victim who clearly expresses his intention to refuse sexual intercourse, and has sexual intercourse after suppressing his resistance, and determined that the victim had sexual intercourse.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence, misapprehending the legal doctrine on the crime of rape, or failing to exhaust all necessary deliberations, thereby affecting the conclusion

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.