In the course of ascertaining the facts and confirming the victim's false shots that "the defendant had a sexual intercourse with the victim", the defendant gets the shoulder of the victim and salking the victim as the victim became aware of, and the victim was salved with his/her left arms, and when the victim was salved with his/her ppuri with his/her own arms, and there was no fact that the defendant tried to rape the victim.

In the court below, since the defense counsel pointed out the victim's statement, the victim's statement is not a scarcity, and it is not reliable, and the defendant sent a letter to the effect that "the defendant does not have frighted." After the body fighting is completed, the victim thought that he did not frightly frighten the victim even after the body fighting was completed, and sent it to the purport that the defendant committed the crime like the facts charged in this case.

Since the victim submitted clothes he suffered 4 days after the date of the occurrence of the instant case to an investigative agency, the victim's DNA was highly likely that the Defendant's DNA located in the victim's Tts and Cheongbba in the process of physical fighting was transferred to the victim's Brazil, and thus, it cannot be readily concluded that the Defendant's DNA was detected in the victim's Brazil.

Nevertheless, the judgment of the court below convicting the facts charged of this case is erroneous in misconception of facts.

The sentence of imprisonment (two years of imprisonment, etc.) imposed by the court below on the defendant is too unreasonable.

Judgment

The defendant alleged the same purport as the above reasons for appeal, and the court below rejected the defendant's argument in detail in the third through sixth of the judgment. The court below was just adopted by the court below as the circumstances in detail.