A. The Defendant of mistake of facts only committed indecent act by compulsion or rape against the victim G (name), and only committed sexual intercourse under an agreement.

The statements of the victim G are contrary to the statements of D, F, E or the message given and received with the accused.

Nevertheless, the judgment of the court below which found the victim G guilty of indecent act by compulsion and rape is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (five years of imprisonment) is too unreasonable.

2. Determination

A. 1) Judgment on the assertion of misunderstanding of facts

A) While recognizing the crime of indecent act by compulsion against the victim, the crime of rape was denied by asserting that: (a) on March 5, 2019, at around 03:00, the sexual intercourse was committed on one occasion; and (b) around March 5, 2019, at around 08:0, kis and pets (similar act) was committed; and (c) on March 5, 2019. In full view of the following circumstances acknowledged by the evidence adopted and investigated by the lower court, the lower court determined that the Defendant could have recognized the fact of rape on two occasions, as described in this part of the facts charged. (a) the victim consistently stated that he/she was raped twice, and that E, F, and D stated that the victim had sexual intercoursed on two occasions thereafter; and (a) the frequency of sexual relationship is determined to be two times.

B. The victim rejected the victim's chest at around 09:0 on March 5, 2019, "after the victim goes to work, the victim expressed his intention of refusal, he forced the defendant to be off his clothes, cut his chest and forced him to take back his body," and "on March 6, 2019, at around 03:00, the victim got out and was locked, and the defendant forced to put the victim's chest before the victim's body."