All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts: (a) the Defendant attempted to engage in a sexual intercourse with the victim after drinking alcohol with the victim; and (b) did not commit rape with the victim. Nevertheless, the lower court’s judgment that found the victim’s statement without credibility as evidence and found the Defendant guilty of the facts charged in this case by misunderstanding the facts, thereby adversely affecting the conclusion of the judgment. (b) The lower court’s sentence of unfair sentencing (two years and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. The lower court also asserted the same purport as the grounds for appeal, and the lower court convicted the victim of the instant facts charged on the ground that the victim’s statement that corresponds to the facts charged in the instant case is deemed to have credibility in light of the following circumstances.

(1) A victim has made a concrete and consistent statement from an investigative agency to the original trial court; the victim’s statement is unreasonable or contradictory in light of the empirical rule; and there are no circumstances to suspect the credibility of the statement or the statement even in terms of its content and the attitude of the statement.

The victim specifically explains the circumstances leading to the case, the situation at the time of the case, the attitude of the defendant's speech and rape, his behavior responding to the defendant's act, and the situation after the occurrence of the case. The overall situation of the case is consistent with the statement of the defendant.

(2) The victim was aware of the fact that the victim became aware of the defendant, the reason why the victim's mother became unsatisfying the house, the reason why the defendant was found as a recruitment of the victim on the day of the case, the reason why the defendant was found as a recruitment of the victim, and the situation when the mother E was returned to the house after the case, is inconsistent with the statement of E.