The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The degree of assault or intimidation in a similar crime of rape under the Criminal Act by misunderstanding the facts and misapprehension of the legal doctrine should reach the extent that it would make it impossible or considerably difficult for the victim to resist, and the Defendant did not commit the above-mentioned assault or intimidation to the victim. The lower court found the Defendant guilty by misapprehending the legal doctrine or misapprehending the legal doctrine.

B. The sentence of the lower court’s improper sentencing is too unreasonable.

2. Determination

A. In order to establish the assertion of misunderstanding the facts and legal principles, intimidation of the perpetrator should be such that it would make it impossible or considerably difficult for the victim to resist. Whether the intimidation was made impossible or considerably difficult for the victim to resist, or not should be determined by taking into account all the circumstances, including the content and degree of the intimidation, the developments leading up to exercising force, the relationship with the victim, and the circumstances at the time of sexual intercourse, etc. (see, e.g., Supreme Court Decision 2006Do5979, Jan. 25, 2007). The establishment of the crime of rape should be determined based on the same standard as above.

In light of the above legal principles, in full view of the following circumstances acknowledged by evidence duly adopted and examined by the court below and other circumstances recognized by the court below, it can be sufficiently recognized that the defendant committed similar rape to the victim by exercising the force of force to make it impossible or considerably difficult to resist the victim. Thus, this part of the defendant's assertion is without merit.

① The Defendant and the victim came to know at around 23:05 on October 18, 2014, the day before the instant case occurred in the J Group, which was an online page meeting of those pursuing multi-natural patriotism, in the form of message. The Defendant and the victim came to know of the fact that the Defendant and the victim came to know of the fact that they came to talk directly with each other a day after commencing mutual contacts.

(2) The defendant and the victim.