The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for three years.

except that from the date of this judgment.

Defendant

In fact, the defendant has sexual intercourse under the agreement between F and F, and does not have sexual intercourse with the victim who has been unable to resist due to alcohol or by force.

The sentence of unfair sentencing (five years of imprisonment, 200 hours of order) by the lower court is too unreasonable.

According to the statements made by the investigation agency of F of the victim of mistake of facts and by the court of the court below, although the defendant could find the fact that he raped the victim F on or after the end of July 2012, the court below found the defendant not guilty of this part of the F's statement in violation of the rules of evidence and thus it is impossible to believe the F's statement on that part.

The sentence of the lower court on unreasonable sentencing is too uneasible and unfair.

The lower court determined that the Defendant had sexual intercourse with the victim by force under Paragraph (2) at the time of the original adjudication, on the grounds that the statement made in F’s investigation agency and in the original trial court, consistent with paragraphs (1) and (2) of the same Article, at the time of the original adjudication, was reliable in light of the following circumstances.

F Around December 6, 2011, at an investigative agency and a court of original instance, the Defendant and the lower court stated in a relatively consistent manner as to ① the details and subsequent circumstances of drinking around December 6, 201, following the following day, ② the background of entering a telecom as of December 26, 2011, and the situation in the telecom.

When the original adjudication was conducted on December 1, 201, the victims related to paragraph (1) of the crime are subject to direction and supervision by the defendant while keeping part-time at the party room of the defendant from December 1, 201, and the age is 15 years or more than the defendant.

As such, at the time when the victim worked in a party room, a man who is the main man of the party room who works for him/her and a man who is the last man of the party room at the latest, and a man who drinks together with the last one at the latest time.