A. The court below found the defendant guilty on the ground that the defendant was guilty of a misunderstanding of the facts, even though he had sexual intercourse under the agreement with the victim and did not have raped the victim.

B. The sentence of the lower court’s improper sentencing is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the lower court determined that the Defendant had sexual intercourse with the victim by suppressing the victim’s resistance, such as the facts charged, in full view of the circumstances as indicated in its reasoning, which can be acknowledged by the evidence duly adopted and investigated.

In full view of the circumstances acknowledged by the lower court and the following circumstances recognized by the evidence duly admitted and examined by the lower court, the lower court’s aforementioned determination is justifiable. Therefore, this part of the Defendant’s assertion is without merit.

① The lower court examined the victim F as a witness and directly reported and observed the form and attitude of making the statement at the time of making the statement, consistency, clarity, and accuracy of the statement, etc., as well as the credibility of the above witness’s statement.

The testimony of these reliable witnesses recognized the fact that the defendant raped the victim.

Even after closely examining the evidence duly adopted and examined by the lower court, the lower court’s determination that recognized the credibility of the aforementioned witness’s statement was clearly erroneous.

There is no special circumstance to deem that maintaining such judgment by the lower court is remarkably unfair or there is no exceptional circumstance to deem that it is considerably unfair (see, e.g., Supreme Court Decisions 2010Do3846, Jun. 24, 2010; 201Do5313, Jun. 14, 2012).

Examining each of the above statements, the victim is the victim's speech and behavior of the defendant prior to and after rape, and the circumstances leading up to the interview of the defendant, the place of rape, the circumstances leading to rape, the methods of rape, and the victim.