The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. As to the charge of rape and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape) among the facts charged in the instant case of mistake of facts, the Defendant only has a sexual intercourse under an agreement with a victim of sexual intercourse, and there was no forced rape of the victim.

Nevertheless, the court below found the above facts charged guilty. The court below erred by misunderstanding facts, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (five years of imprisonment) is too unreasonable.

2. Determination

A. 1) According to the facts and circumstances admitted as to the assertion of mistake of facts, and the evidence duly admitted and examined by the lower court and the lower court, the following circumstances are acknowledged. A) The victim C was aware of the Defendant who was a guest by the investigative agency, and (i) Ha was playing in the Ida operated by Ha, who was a police officer in the Gosi-si City, on February 2013, 2013.

② On March 3, 2013, the victim, who was contacted by H by the Defendant, who caused the Defendant’s failure to get the victim at H’s seat, committed the Defendant’s misconduct, and the Defendant, the victim, and the victim, who attempted to get the Defendant’s flag, committed a singing in the singing room.

The defendant sent H first to H, and then the victim singing together with the victim singinging and coming to F in the old city E in which the defendant sing and living. The victim called "A," and the victim's refusal, "A, who had a certain number of arms of the victim," and "A, who had a certain number of arms of the victim," had no choice but to enter the defendant's F's house because "A, who had a certain number of arms, has been".

The defendant, with a knife in the U.S. and with a knife in his house, trying to knife the knife with his own arms and self-harm with the victim with the knife in his arms, and the victim knife the shoulder of the victim with his own arms.