A. At the time of the misunderstanding of facts, the victim did not have to resist under the influence of alcohol, and the defendant committed a similar act with the consent of the victim.

Nevertheless, the lower court found the Defendant guilty of the instant charges by reliance on the statements of the victim without credibility.

The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence of the judgment of the court below on unreasonable sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. (1) The Defendant asserted the same purport as the grounds for appeal under this part of the judgment below.

In regard to this, the lower court determined that the victim’s statement that conforms to the facts charged in the instant case is reliable in light of the circumstances stated in its reasoning.

(2) In light of the following circumstances acknowledged by the court below and the evidence duly examined and adopted by the court below, the victim’s statement that corresponds to the facts charged of this case is credibility.

Therefore, according to the above evidence, the facts charged in this case can be fully recognized.

The lower judgment that found the Defendant guilty of the instant facts charged is justifiable.

The defendant's assertion of mistake is without merit.

① The victim, as well as the victim, the victim-friendly appearance G, H, etc., expressed the intent of agreement in advance to the Defendant and demanded the amount of agreement.

However, such circumstance alone cannot be deemed to have raised the defendant without the victim's accusation by referring to the absence of the victim.

Rather, in light of the fact that the victim reported it to the police immediately after the crime of this case and that the victim and his relatives immediately demanded the amount of agreement to the defendant, at least the victim appears to have suffered damage from the defendant, as stated in the facts charged of this case. If the defendant did not mislead the victim, and the victim did not dismiss the defendant.