A. The defendant's act of misunderstanding facts constitutes legitimate defense.

B. The lower court’s sentence (an amount of KRW 500,000) against an unfair defendant in sentencing is too unreasonable.

2. Determination:

A. As to the assertion of mistake of facts, the Defendant asserted a legitimate defense in the lower court, and the lower court rejected the Defendant’s assertion in detail by providing a detailed judgment on the essential column of evidence. In light of the evidence duly admitted and investigated by the lower court, the lower court’s determination is justifiable.

Therefore, the defendant's assertion of mistake of the above facts is without merit.

B. Although there are no circumstances to consider the circumstances leading up to the Defendant’s wrongful argument in sentencing, considering the relationship between the Defendant and the victim, the content of the instant documents, the agreement with the victim, and other various circumstances, including the Defendant’s age, sexual conduct and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s punishment cannot be deemed unfair merely because it is too unreasonable.

There is no reason to believe the above sentencing of the defendant.

3. If so, the defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.