A. The Defendant alleged the misunderstanding of facts that the victim had the implied consent of the victim who did not seem to have any particular refusal response even though the Defendant was kis and delivered the chest.

Since misunderstanding and resulting in the act as described in the facts charged of this case, the defendant had no intention to commit similar rape.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence of the lower court (the completion of a sexual assault treatment program for 2 years and 40 hours of imprisonment) is too unreasonable.

2. Determination

A. In full view of all the following circumstances, such as the evidence duly adopted and examined by the lower court and the lower court’s reasoning, the victim appears to have expressed his/her intent to refuse rape of the Defendant, and the victim’s implied consent was given, in view of the following circumstances, which were acknowledged by the lower court based on the evidence duly adopted and examined by the lower court.

It is difficult to accept the defendant's appeal that it was erroneous.

Therefore, the court below has credibility in the victim's statement that corresponds to the facts charged of this case.

In light of the above, the defendant's conviction is just, and there is no error of misconception of facts as alleged by the defendant.

This part of the defendant's assertion is without merit.

1) At the time of the defendant's key and the delivery of his chest, the victim "I am s s s s s s s s s s s s s s ss s

Now, because of their refusal to do so, it is required that the body of the defendant was pushed down by both hand.

At that time, it was not possible to say that it was forced to enter the place of origin.

However, the defendant continued to keep a key and continued to do so, and it is necessary that he was under the influence of alcohol, and that he was unable to support because he was well aware of his force.

(b) The body was intending to cut back the body behind the body while cutting down the body, and the body was frightened by one hand.