The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, as stated in the facts charged, did not have committed sexual intercourse by taking advantage of the victim’s potential state of resistance.

B. The sentence sentenced by the lower court to the Defendant (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. 1) Determination of the Defendant’s assertion of misunderstanding of facts 1) In determining the credibility of the statement made by the victim, etc., supporting the facts charged, whether the content of the statement itself conforms to the rationality, logic, inconsistency, or rule of experience, or conforms with the witness evidence or a third party’s statement, as well as whether the statement made by the first instance court witness, after taking an oath before a judge, is inconsistent with the witness appearance, attitude, and the statement made in the open court, such as the penance of the witness appearance, attitude, and statement, which are difficult to record, are evaluated as credibility by directly observing various circumstances (see Supreme Court Decision 2010Do7403, Sept. 9, 2010).

Unless there exist special circumstances to view that maintaining the first instance judgment on the credibility of the statement made by the witness of the first instance court is significantly unfair, or considering the results of the first instance examination and the results of the additional examination conducted until the closing of pleadings at the appellate court, the appellate court should not reverse without permission the first instance judgment on the credibility of the statement made by the witness of the first instance court (see, e.g., Supreme Court Decisions 2006Do494, Nov. 24, 2006; 2008Do7917, Nov. 30, 2009); and 2) the lower court’s judgment and the first instance court’s reasoning recognized by the evidence duly adopted and investigated by the court of first instance on the following circumstances: (a) considering the following circumstances acknowledged by the evidence duly adopted and examined by the court of first instance, the Defendant’s entry in the facts charged and the facts charged: