An application for remedy by an applicant for remedy shall be dismissed.

A. The statement of the victim of mistake of facts is reversed several times from the police report stage to the court of original trial, and it is difficult to credibility.

The lower court found the Defendant guilty of the facts charged erred by misapprehending the facts charged.

B. The lower court’s sentence of unreasonable sentencing (three years of imprisonment, etc.) is too unreasonable.

2. Determination

A. On the grounds of appeal 1), the Defendant asserts that: (i) the circumstance in which the Defendant and the victim were at the home of the victim; (ii) the situation from the home of the victim to the right before the locking; and (iii) the victim’s statement about the situation in which the Defendant had sexual intercourse (the first report by the police was made to the effect that the victim was at the time of sexual intercourse; (iv) it is not consistent with the purport that the victim was at the time of the initial report by the police; (v) it is not clear that the victim made a statement to the effect that the victim was at the time of sexual intercourse; and (v) it is difficult to conclude that the victim’s statement about the facts charged was true; and (v) it is difficult to believe that the victim’s statement about whether the Defendant was at the time of sexual intercourse; and (v) the overall purport of the recording document

The court below stated that ① the victim was locked in a concrete and clear manner, and the victim stated that he had a sexual intercourse with the victim, and that the victim had a sexual intercourse with the victim. The victim’s statement conforms to the 112 reporting details, and that the victim immediately after the sex relationship, immediately after the victim resisted the defendant, filed a report immediately before and after the victim, etc., the victim’s statement concerning the facts charged is highly reliable, and ② The victim’s statement on the facts charged was able to be known by the recording document submitted by the defendant, and the victim demanded a serious reflection and apology rather than monetary compensation against the defendant, and it interferes with the social life of the defendant.