The defendant's appeal is dismissed.

Summary of Reasons for appeal

A. Fact-misunderstanding, misunderstanding of legal principles, the Defendant began sexual intercourse with the consent of the victim, and even though the victim revealed his intention of refusal during sexual conduct, the Defendant did not commit violence or intimidation to the extent that it could suppress the victim’s resistance. As such, the Defendant raped the victim.

shall not be required to do so.

Nevertheless, the court below found the defendant guilty of the facts charged of this case based on the statements of the victim without credibility.

B. The sentence sentenced by the court below to the defendant (two years and six months of imprisonment, four years of suspension of execution, community service 200 hours, and 80 hours of attendance order) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of the legal principles, whether the perpetrator committed assault or intimidation to establish the crime of rape ought to be determined based on the specific situation in which the victim was placed at the time of sexual intercourse by comprehensively taking into account not only the content and degree of the assault and intimidation, but also all the circumstances such as the developments leading up to exercising force, the relationship with the victim, and the circumstances at the time of sexual intercourse, etc.

Pursuant to the following facts and circumstances acknowledged by the lower court and the evidence duly admitted and investigated at the lower court’s judgment and the first instance court, the Defendant had sexual intercourse by exercising his/her force to the extent that he/she could suppress or significantly impede the victim’s resistance by taking away the cell phone of the victim on board his/her driving on the top of his/her car, taking away the victim’s body from his/her driving on the top of his/her own car, and enjoying the victim’s body from the top of his/her own body, thereby suppressing the victim’s resistance or making it considerably difficult.

The exercise of force can be determined by the person, and this exercise of force is the crime of rape.