The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. After having been raped by C in fact, the Defendant filed a report to the police upon request from the Mael State, and only the investigative agency made a true statement about the damage.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

B. The sentence of the lower court’s improper sentencing (six months of imprisonment, two years of suspended execution, two years of community service, 120 hours) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court based on the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, namely, C only made a sexual intercourse with the Defendant and under an agreement, with the investigative agency to the lower court’s trial, and there was no fact that the Defendant had been raped.

“The statement is made to the effect that the content is specific, consistent, and reasonable, and the explanation of the situation is recognized as credibility. ② The original witness F and G decided to pay the amount of sexual traffic to the Defendant with the money borrowed from the CF, and to conduct sexual traffic with the Defendant.

“The statement made to the effect that “A” is not only specific but also consistent with C’s statement. ③ On the other hand, the Defendant’s statement is inconsistent with the current circumstances and it is difficult to believe as it is, because it is inconsistent with the current circumstances, such as the situation before rape, etc.; ④ the Defendant appears to have been aware that C was a teacher, following the division of conversations between C and G about school life; ⑤ the Defendant’s phone call to the school where C works after committing the instant crime and attempted to rape the Defendant.

It was known that the Defendant, 6, c, F, and G “Lel” had been seeking a room for the Defendant and C, other than for F and G, and 7th day following the Defendant’s report of rape with C, the amount of KRW 500,000,000,000,000 to C via N, an owner of the singing practice place.