The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of the facts or misapprehension of the legal principles, the Defendant committed an assault against the victim who is a legal wife, thereby causing injury to the victim. However, after which the Defendant treated the victim’s wife, the sexual intercourse was concluded under the agreement when the suppression of the victim was terminated.

Nevertheless, the court below erred by misapprehending the legal principles or misunderstanding the facts charged of rape of this case.

B. The sentence that the lower court rendered against the Defendant (a punishment of three years of imprisonment, a stay of execution, four years of probation, one year of observation of protection, 40 hours of taking sexual assault treatment lectures, 80 hours of alcohol treatment lectures, 40 hours of community service orders, and 40 hours of community service orders) is too unreasonable.

2. Determination

A. The lower court determined as to the assertion of misunderstanding of the facts or misapprehension of the legal doctrine based on the evidence duly admitted, on the following grounds: (a) in light of the circumstances acknowledged by the evidence duly admitted, the reason why the victim was not explicitly expressed his/her intention to refuse sexual intercourse was due to the Defendant’s assault and intimidation prior to rape, and (b) in such a situation, determined that the Defendant had sexual intercourse after suppressing the victim’s resistance by further intimidation against the victim’s will.

In light of the following circumstances, the lower court’s aforementioned determination is justifiable, and it did not err by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

Therefore, this part of the defendant's argument is without merit.

(1) The victim, while fighting between husband and wife in the house, has taken the head of the victim out of the house and taken the head of the victim on the floor by the defendant, and has taken the part of the victim's face in drinking.

The defendant leads the front door to the front door.