The defendant's appeal is dismissed.

Summary of Grounds for Appeal

At the time of committing the crime of mistake and misunderstanding of legal principles, the victim did not have to resist, and the defendant committed a similar act in the process of naturally satisfing with the victim.

The victim's statements concerning the situation before and after the crime of this case are not consistent in the following point, and thus, credibility is not reliable.

With respect to the situation at the time when the victim and the defendant I (hereinafter “the main point of this case”), the victim stated in the police that “I want to drink more alcohol, and other friendships first come first.” On the contrary, the victim stated that “I am going outside the police station,” and that I am present as a witness at the court below.”

피해자는 원심 법정에서 “사건 당일 술을 마시다가 기억을 잃었나요 ”라는 검사의 질문에 “이 사건 주점 엘리베이터에서 눈을 감은 뒤로는 기억이 없다.”고 대답하였으나, ”엘리베이터에서 눈을 감은 이후로 깰 때까지 기억이 전혀 나지 않는가요 ”라는 재판장의 질문에는 아무런 대답도 하지 않다가, “모텔이었는지는 모르겠으나 화장실에서 구토한 것은 기억이 난다.”는 취지로 진술하였다.

At the time when the victim made a statement at the police station, he stated to the effect that he was unaware of whether he was a witness in the lower court, even though he was aware of the fact that he was killed in the vehicle in white department and that he was killed in the fact that he was a vehicle in white department.

With respect to the circumstances in which the victim's family members become aware of the fact of damage, the victim made a statement to the police that "the family members became aware of the fact of damage" or that "the family members were aware of the fact of damage," or that "the family members were first informed to the male-gu and then known to the new person." However, the victim did not attend as a witness at the court below.