The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In the case of a victim of mistake of facts, the Defendant merely her sexual intercourse with the victim once with the victim’s implied consent, and there is no fact of coercion against the victim’s will by assaulting or threatening the victim.

B. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disability.

C. The lower court’s imprisonment (three years and six months of imprisonment) against the Defendant is too unreasonable.

2. Determination

A. (1) The Defendant denied this part of the facts charged while asserting the same purport in the lower court’s determination on the assertion of mistake of facts, and the lower court rejected the Defendant’s defense by rendering a judgment based on the evidence duly adopted and examined by the lower court as follows.

A. On July 2, 2012, at around 11, 2012, at the time when the police was examined, the victim dices alcohol with the Defendant’s Chowon G while drinking.

He dn's own dysn's dysty, and the defendant dysn's dysn's dysn's dysn's dysn's dye in other places.

After meals, G returned to her house, and she tried to see ice in the bread house, and the defendant went to a convenience store due to the defects of the defendant, and her house was changed to 2 beer.

Although the defendant thought that he will be engaged in beering in the beer of beer at the beer place near the convenience store, the defendant also has the authority to request the upper part to change the operation of beer by promoting the work of beer as the production of He factory, and the victim requested the shift of beer.

The defendant's statement was first made by the police, and eventually, it was eventually made.