The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. As to the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape), among the facts charged in the instant case of mistake of facts, the Defendant was excessively collected at the time, the fact that the Defendant made the victim prepare an explanatory note, and the fact that the victim has a sexual relationship with the victim, but the excessive amount was not a dance on the part of the victim’s shoulder, nor a sexual relationship was sexual intercourse with the victim under an agreement with the victim.

Nevertheless, the judgment of the court of first instance which found guilty of this part of the facts charged is erroneous as a mistake of facts and affected the conclusion of the judgment.

B. The punishment sentenced by the first instance court (five years of imprisonment with prison labor for the first crime and four months of imprisonment with prison labor for the second crime in its holding) in light of the various sentencing conditions of the instant case on unreasonable sentencing is too unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the first instance court and the trial court, such as the victim D’s statement at the court of the trial, the police’s statement at the court of the first instance, and the Defendant’s statement at the court of the first instance, as to the assertion of mistake of facts, the charges of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special rape) are sufficiently convicted of the Defendant committed rape of the victim, by gathering excessive excess, which is a deadly weapon, and suppressing the victim’s resistance on the shoulder part of the victim’s shoulder.

Therefore, the defendant's assertion of mistake is without merit.

B. Examining the grounds for sentencing in the instant case on the assertion of unfair sentencing, the Defendant appears to have caused the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in a somewhat contingent and contingent manner, the Defendant has no record of punishment for a sexual crime, and the instant fraud crime is in the concurrent relationship between the crime of fraud, the violation of the Punishment of Violences, etc. Act (joint conflict) and the latter part of Article 37 of the Criminal Act, and is concurrently judged under Article 39(1) of the Criminal Act.