The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. 1) In all of the facts constituting the crime in the judgment of the court below, we did not intend to have a sexual intercourse with the victim, but only have a sexual intercourse with the victim after the victim met. 2) Although there was little time to 3 to 4 times the victim's neck and face with his hand, there was no time to see the victim's chest.

3) It does not place the victim with respect to confinement, but only combines the victim’s talk naturally with the victim within the telecom. B. The lower court’s judgment on the allegation of unfair sentencing (one year and eight months of imprisonment) against the Defendant is too unreasonable.

2. Determination

A. As to all facts constituting an offense in the judgment of the court below, the defendant asserts that there was a error in the entry of facts in the judgment of the court below, since he did not fit for sexual intercourse with the victim and did not fit for the victim.

However, Article 361-5 subparag. 14 of the Criminal Procedure Act provides that "when a mistake of fact affects the judgment," which is one of the grounds for appeal, means a case where a mistake of fact affected the order of the judgment by a mistake of fact and directly or indirectly affected the constituent evaluation of the crime (see, e.g., Supreme Court Decision 96Do1665, Sept. 20, 196). This part of the allegation concerns the origin or circumstances of the crime of this case, and it is related to the formation of the crime of this case, and even if there is a mistake of fact, it is difficult to view that it directly or indirectly affects the order of the judgment and the evaluation of the constituent evaluation of the crime of this case, it is difficult to conclude that

(However, it is necessary to consider the argument on unfair sentencing. (B)

As to the point of violence and confinement, one defendant is at the original trial.