The defendant's appeal is dismissed.

Although there is a fact that misunderstanding the substance of the grounds for appeal and misunderstanding the legal principles that the defendant has sexual intercourse with the victim, at least he has sexual intercourse with the victim's implied consent, not with sexual intercourse using the victim's resistance impossible condition.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged in this case as evidence of confession and victim's statement in the court below which is not reliable, is erroneous in the misunderstanding of facts and legal principles.

The punishment sentenced by the court below to the defendant (two years and six months of imprisonment) is too unreasonable.

Judgment

In full view of the following circumstances that can be acknowledged by the evidence duly adopted and investigated by the court below and the court below's judgment as to the assertion of mistake and misunderstanding of legal principles, it can be recognized that the defendant had sexual intercourse with a victim in an uncomfortable state as he was under the influence of alcohol. Thus, the court below found the defendant guilty of the facts charged in this case, and there is no error of law by misunderstanding the facts

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

In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court shall assess the credibility of the statements made by the victim, etc., taking into account all the circumstances that make it difficult to record in the witness examination protocol, including the appearance and attitude of the witness, and the penance of the statements made by the witness in the open court after taking an oath before a judge, as well as whether the contents of the statements themselves conform to the rationality, logic, inconsistency, or rule of experience, or conforms to the third party's statements, and the appearance and attitude of the witness who is attending the witness examination protocol after being sworn in the presence of a judge, etc., and if the statements made by the victim, etc. are mutually consistent and consistent with the facts charged, they shall not be rejected without permission, unless there is any separate evidence to deem the credibility of the statements made by the victim, etc. objectively and objectively, and there is no other evidence to prove