A. Although misunderstanding of facts B uses violence, rapes the defendant and inflicts an injury on the defendant, it is nothing more than that of the defendant's ability to judge the damage than that of the general public.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. Even if the conviction of unfair sentencing is recognized, the sentence imposed by the court below (one year of imprisonment) is too unreasonable.

2. Determination

A. As to a mistake of facts, the lower court determined that, on the grounds of the following: (a) the Defendant’s statement was inconsistent; (b) while there was no consistent and contradictory part; (c) the Defendant and B’s text messages sent and received before delivery; (d) the two persons’ behavior and conversation after the act of sexual intercourse, the Defendant did not have been raped.

However, considering the above circumstances as stated in the judgment of the court below and the evidence duly admitted and examined by the court below, the defendant can be recognized as having failed to report B as stated in the facts constituting the crime in the judgment of the court below. Thus, the above argument of the defendant is without merit.

1) Even if examining the Defendant’s attitude, statement, etc. appearing in the course of the investigation, it is not clear that the Defendant’s ability to determine is particularly lower than that of the general public. (2) Rather, the Defendant appeared to have prepared to receive a written diagnosis of injury in advance from finding a hospital after the hedging with B on the day of the instant case.

3 The defendant stated that B was found to have been subject to miscellaneous arms and trees prior to the date on which he submitted a written complaint, or that B was not subject to intimidation or assault, but later, B was sprinked on the wall by putting his head in the investigation.