The defendant shall be innocent.

A. Although the defendant had a sexual intercourse with the victim, or did not use violence or intimidation to make it impossible or considerably difficult to resist the victim, the court below found the defendant guilty of the facts charged of this case, and there is an error of misunderstanding of facts.

B. Even if the facts charged in the instant case of unfair sentencing are found guilty, the sentence imposed by the lower court is too unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. The summary of the facts charged in the instant case is that the Defendant contacted the victim D (the age of 26) who was aware of that he was aware of, and told the victim under the influence of alcohol with the victim at a main station near the Busan E Station, who was under the influence of drinking together with the victim, and then went to the victim to the victim’s 408 room located in the Busan Ethical Gu, stating that “the victim would not be able to take a hand to the body of the drinking and the absolute width.”

At around 01:00 on March 17, 2012, the Defendant: (a) intending to get off the clothes of the victim who was under influence of alcohol in the above Gel 408 room; (b) her shouldered the victim’s body, and (c) her shouldered the victim’s her body by taking the victim’s her humf to the suppression of the victim’s humf to the suppression of the victim’s resistance; and (d) her rape once by committing sexual intercourse.

B. The lower court found the Defendant guilty of the instant facts charged on the grounds that, in full view of the circumstances as indicated in its reasoning in the lower judgment, the credibility of the victim’s statement and the fact that the Defendant raped the victim is recognized according to the victim’s statement with credibility.

C. According to the evidence duly admitted and examined by the lower court, the following facts are acknowledged. (A) The Defendant and the victim’s related Defendant maintained a pro-friendly relationship between the victim and the victim from October 2008 to January 2009, but they were flickly flickly.

(b) telecom;