The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Under the agreement with the victim, the defendant of mistake of facts only has naturally sexual intercourse with the victim, and does not have sexual intercourse with the victim by force.

Nevertheless, the court below found the defendant guilty of the facts charged of this case based on the statements of the victim without credibility. In this case, the court below erred by misapprehending the legal principles.

B. The lower court’s sentencing is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the court below also asserted the same purport in the judgment of the court below, and the court below divided various circumstances as stated in its reasoning, namely, the victim made a relatively detailed and consistent statement about the main part of the crime of this case in the police investigation, ② the process during which the report was made within a short time immediately after the crime was committed by the defendant is very natural, and the victim seems to have experienced in the police without any possibility of false intervention, ③ there is no demand from the defendant for agreement, ③ there is no fact that the victim requested the agreement, ③ there is no motive or reason for the victim to make a statement in mind at the risk of criminal punishment, and ④ there is no motive or reason for the victim to make a statement referring to the victim’s statement at the time, ④ the victim called the victim’s friendship immediately after the victim’s home, and the contents of the victim’s statement about the situation at the time correspond to the victim’s statement, ⑤ the victim divided into a conversation with the defendant in this case into Kakaox, and thus, it conforms to the police investigation relationship with the defendant.