A. The court below found the defendant guilty of rape, although the defendant was merely sexual intercourse by agreement with the victim and did not rape the victim by assault or intimidation. The court below erred in the misapprehension of facts.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. The judgment of the court below as to the assertion of mistake of facts consistently adopted and examined the evidence duly adopted and examined by the court below, i.e., ① the victim's statement from the investigative agency to the court of the court below stated that "the victim led the victim who has refused to have sexual intercourse to the extent that he was unable to resist or remarkably difficult to resist the victim in light of the contents of the above assault and intimidation, ② the victim's statement is detailed and detailed expression from the investigative agency to the part where it is difficult to speak without a direct experience, ③ the victim's voice is growing so that he would be able to wear the victim's head, cut down with his hand, and die without hearing the victim's horse, and sexual intercourse with the victim."

The statement corresponds to part of the victim's statement, 4. The victim was already in alliance with the defendant, and the defendant, who was found at the victim's house, was under influence of alcohol so that he could not properly be able to leave the defendant's house to the place where the defendant was living together with his friendship, and in the process, the defendant demanded that the victim's body be dried and burged, but rejected it, and the defendant's house was furged.