The defendant's appeal is dismissed.

Summary of Grounds for Appeal

At the time of the instant case, misunderstanding of facts and misunderstanding of legal principles, the victim did not have been in a state of failing to resist, and the Defendant agreed with the victim, and even if the victim was in a state of failing to resist, as the victim did not so, the Defendant did not know that the victim was in a state of failing to resist.

Nevertheless, the court below erred by misapprehending the legal principles and misconception of facts.

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

Judgment

In the judgment of the court below on the assertion of mistake of facts and misapprehension of legal principles, the defendant argued to the purport similar to the above grounds for appeal, and the court below rejected the above argument by giving a detailed statement of the defendant's assertion and its judgment under the title "the judgment on the defendant's and his defense counsel's assertion". The circumstances acknowledged by the evidence duly adopted and examined by the court below are as follows: ① According to CCTV images, the victim was in a bitle, who was 23:0, from the time when he went to the front line of 23:0 at the front line of the day when he went to the front line of 10 minutes, and entered the front line of about 10 minutes at the back of the victim's house after being towed by the defendant's house, the victim can be sufficiently recognized at the time of the crime of this case, and it can be seen that the victim was in the state of failure to resist, and the victim was in the front line of the vehicle being towed by the defendant's house.

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Since it appears to be an act that can be seen as an act that can be seen as an act, such recognition shall not interfere with, and the victim shall not be the next day.