A. In fact, the victim E (the 20-year-old) stated that the Defendant was shouldered on the wind that the Defendant is key, and the victim’s statement that the Defendant was unable to be aware of any action that was rash with strong sensure and external administration is difficult to believe.

The victim himself made a statement to the effect that he did not interfere with the Defendant’s assault or resistance.

After the victim got diving with the defendant after the completion of sex relationship, it refers to D 203, which is located in Seo-gu Daejeon Metropolitan City as the defendant.

(hereinafter the same shall apply)

Since sexual intercourse, the victim's actions after sexual intercourse such as finding out his or her lost believers can not be seen as the general behavior of the victim of sexual assault.

The defendant was sexual intercourse under the agreement with the victim, and there was no rape with the victim as described in the facts charged.

Even so, the lower court determined that the Defendant was guilty of the crime of rape, and thus, constitutes an unlawful act that affected the conclusion of the judgment.

B. The sentencing of the lower court’s unfair sentencing (the completion of a sexual assault treatment program for three years and forty hours of imprisonment) is too unreasonable.

2. Determination

A. 1) The lower court found the Defendant guilty of the instant facts charged on the grounds of the following circumstances, etc.

(1) The victim, from an investigative agency to the court of the court below, made a statement generally and specifically as to the act of the defendant, the fear and response of the victim, and the situation before and after the crime, as well as the attitude of the statement shown in the court of the court below, is recognized as credibility of the victim's statement when considering the above

(2) The aggrieved person shall drink alcoholic beverages together with F, which is the criminal defendant and another workplace, from 7:0 to 9:00 of the day of the instant case, from 7:0:0 to 6:00 of the day of the instant case, and thereby, he/she shall do so several times.