A. The court below found the defendant guilty of the facts charged of this case, which did not have sexual intercourse by force against the victim's intention against the victim's mistake of fact, but was sexual intercourse under the agreement with the victim, was erroneous and adversely affected by the conclusion of the judgment

B. The sentence that the lower court rendered unfair sentencing (the imprisonment of three years and six months, the order to complete a sexual assault treatment program 80 hours, the order to disclose registered information 10 years) is too unreasonable.

2. Determination

A. The defendant argued that the judgment of the court below is identical to the above, and the court below rejected the above argument in detail with detailed explanation. In light of the evidence duly adopted and examined by the court below, the judgment of the court below is legitimate, and the defendant's allegation of mistake is without merit.

B. The rationale behind the judgment of the court below as to the wrongful argument of sentencing is that the equality between the case where the judgment was rendered at the same time as the first head of the crime committed in the latter part of Article 37 of the Criminal Act is favorable to the defendant.

However, the crime of this case was committed by inducing the victim, who is a female employee, and sexual intercourse after suppressing it by violence, because it is difficult to find any particular difference with the crime of rape in substance, the crime of this case is very heavy, and the victim was suffering from mental illness due to the crime of this case. The victim seems to have serious mental suffering, and the defendant was trying to end the case by using the victim and his family members, rather than by seeking a destructive speech after the crime of this case. The defendant continued to use the victim and his family members, and the defendant has denied the crime while making a defense difficult to understand, and the victim was suffering from the pain that the victim and his family members had to make a statement by leaving a numerical memory in the court of the court of the court below, and the victim and his family members were punished for the defendant.