The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant did not detain the victim, and committed a sexual intercourse under an agreement with the victim, and thus did not rape the victim.

B. The sentence of the lower court’s improper sentencing (three years of imprisonment) is too heavy.

2. Determination

A. 1) On the assertion of mistake of facts, considering the difference between the first instance court and the appellate court’s method of evaluating credibility in accordance with the spirit of substantial direct deliberation adopted by the Korean Criminal Procedure Act as an element of the trial-oriented principle, the first instance court’s decision was clearly erroneous in its determination on the credibility of the statement made by the witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, and the evidence duly examined by the first instance court.

Unless there exist extenuating circumstances to see the credibility of a statement made by a witness of the first instance trial and the result of an additional examination of evidence until the closing of pleadings, the appellate court should not reverse without permission the first instance judgment on the credibility of a statement made by a witness of the first instance trial (see, e.g., Supreme Court Decisions 2011Do5313, Jun. 14, 2012; 2013Do1222, Apr. 26, 2013). Furthermore, in determining the credibility of a statement made by a victim, etc. supporting the facts charged, the appellate court should not reverse without permission the first instance judgment on the credibility of a statement made by a witness of the first instance trial, or whether the statement made by a third party complies with the reasonable, logical, or empirical rule, or whether the statement made by a witness of the first instance court complies with the third party, or whether the statement made by a witness of the first instance court is inconsistent with the witness’s testimony or testimony made in the open court after taking into account the witness’s oath.