A. Defendant 1) misunderstanding of facts is under the influence of alcohol to commit the crime of rape injury in this case, but has been living for a long time and does not have a common sense, and there was no intention to rape since there was no intention to rape in the crime of this case, since the Defendant had a sexual desire to feel sexually, and had no intention to commit rape. 2) The Defendant was under the influence of alcohol at the time of the crime of rape injury in this case, and there was lack ability to properly distinguish things or make decisions.

3) The sentence imposed by the lower court on the grounds of unreasonable sentencing (three years of imprisonment, five years of disclosure of information, order to complete a program, 80 hours of imprisonment) is too unreasonable. B. The prosecutor (the sentence imposed by the lower court on the Defendant is too uneasible and unreasonable).

2. Determination

가. 사실오인 주장에 대한 판단 피고인은 원심에서도 이 부분 항소이유와 동일한 주장을 하였고, 원심은, 피고인이 피해자와 단 둘이 있는 노래방에서 갑자기 피해자를 폭행하기 시작하였고, 피해자의 바지를 벗기려고 하면서 피해자의 얼굴을 혀로 핥았으며, 피해자가 반항하면서 피고인의 혀를 물려고 하다가 입술을 깨물었다는 피해자의 진술을 근거로 피고인의 강간의 고의를 충분히 인정할 수 있다고 판단하였다.

In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the victim sent to the court of the court below that "the defendant tried to get out of the victim's will, put the victim's hand into the hand," and reported to the police station at that time, "the defendant was aware of rape," and the defendant's question at the police station's "I want to get out of the victim's hand," and "I want to get out of the victim's hand," and "I want to get out of the victim's hand" after committing the crime.