A. At the time of the misunderstanding of facts, the Defendant did not assault or forcibly suppress the victim at the time of the instant case, and the victim did not resist. As such, the Defendant did not forced sexual intercourse against the victim’s will.

(The Reasons for Appeal stated that the defendant recognized the crime and claimed only unfair sentencing as the grounds for appeal. However, since the defendant denies the crime in the court of trial in fact, mistake of facts shall be deemed to be the grounds for appeal).

The sentence of the lower court on unreasonable sentencing is too unreasonable.

2. Determination

A. Fully taking account of the evidence duly adopted and examined by the lower court and the trial court, the following facts and circumstances are acknowledged. ① From the investigative agency to the court of the lower court, the victim consistently obstructed the Defendant from leaving the victim’s panty, brode, and forcedly, sexual intercourse with the victim by his hand and her appearance, despite the victim’s resistance. The Defendant did not ask the victim whether her sexual intercourse is terminated or not, and the victim did not allow her sexual intercourse.” The victim stated to the effect that “The victim did not have any other reason to make a false statement. ② When the Defendant first stated at the police station, the Defendant denied the sexual relationship at the time of the first statement at the police station, but it was found that there was a sex relationship even when the Defendant made a second-lane statement at the age of 14 years and at the time of the police station, the victim did not actively attempt to have sexual pressure more than the victim’s age at the time of the instant case.