A. In fact, the Defendant: (a) assaulted the Victim G (a) (a) and sexual intercourses with the victim; (b) however, the Defendant and the victim sent two hours from the Defendant’s singinging room after the Defendant’s assault to the victim; and (c) sexual intercourses between the Defendant and the victim was made under mutual agreement, when the relationship between the Defendant and the victim is good.

B. The sentence of imprisonment (five years of imprisonment) imposed by the lower court on the Defendant of unreasonable sentencing is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts, the Defendant made a confession of the facts charged in the court of the court below, but at the time of the trial, the Defendant made a sexual intercourse under the agreement with the victim and made a mistake of facts as to the robbery, rape and injury resulting from rape.

In light of the following, the court below's reasoning that the confession in the court of first instance differs from the court's statement in the appellate court cannot be said to be doubtful of the probative value or credibility of the confession. In determining the credibility of the confession, the court below's determination should be made on the confession by considering the following: (a) whether the contents of the confession's statement per se have objectively rationality; (b) the motive and reason behind the confession's statement itself; (c) what is the motive and reason why the confession was made; and (d) whether there is any conflict or inconsistency with the confession among circumstantial evidence other than the confession, and (e) whether there is a situation in which the confession would have a reasonable doubt in the grounds prescribed in

(See Supreme Court Decision 2001Do4091 Decided September 28, 2001, etc.). The following circumstances acknowledged by the evidence duly admitted and investigated by the court below, namely, ① the confession on this part of the facts charged by the defendant, are objectively rational in its contents, and ② the victim sent two hours to the defendant and the defendant to the investigation agency and the defendant to the Trade Commission.