A defendant shall be punished by imprisonment for not less than one year and six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

A. In the event of a mistake of fact, the Defendant was only sexual intercourse with the victim at the time of the occurrence of the case and did not rape the victim.

B. Even if the defendant's act of unfair sentencing is found guilty, the court below's sentencing (the order to complete sexual assault treatment programs with imprisonment for one year, nine months and forty hours) is too unreasonable.

2. Determination

A. Determination on the assertion of mistake of facts should be made based on the specific circumstances in which the victim was placed at the time of sexual intercourse, taking into account not only the content and degree of the assault and threat, but also the background leading up to exercising force, the relationship with the victim, and the circumstances at the time of sexual intercourse and thereafter. From an ex post perspective, the victim could have escaped from the scene of the crime before sexual intercourse, or the victim did not resist with the personal history, readily concluding that the perpetrator’s assault and threat did not reach the extent that it considerably difficult for the victim to resist (see, e.g., Supreme Court Decision 2005Do3071, Jul. 28, 2005). In determining the credibility of the statement made by the victim, etc. supporting the facts charged, the court shall not readily conclude that the victim’s statement was not consistent with the reasonableness, logic, and consistency of the statement itself, or whether the empirical rule or evidence or the third party’s statement and evidence are consistent with the witness’s testimony in the presence of the judge, as well as whether it conforms to the witness testimony or evidence evidence.