The defendant's appeal is dismissed.

The Defendant, who is aware of the summary of the grounds for appeal, did not have sexual intercourse with the victim in the same room as the victim, because the Defendant was either a person who was divingd or was sexual intercourse with the victim in his own house after return to the victim who was a member of the society.

Nevertheless, the court below erred by misapprehending the legal principles as to the facts charged of this case.

The punishment sentenced by the court below to the defendant (three years of imprisonment) is too unreasonable.

Judgment

According to the evidence duly adopted and examined by the court below regarding the assertion of mistake, the court below can find the following facts: (a) at the time when police officers dispatched upon the victim’s report of F, went to the defendant’s house, the defendant exceeded all clothes at inside the defendant’s house, and the victim was covered by the victim and was able to see the ceiling; (b) the defendant was at the bottom of the victim’s clothes, and the fact that the lower part of the victim’s body was far away from the bottom of the body (Evidence No. 3); (c) according to the gene appraisal conducted immediately after the instant case, the victim’s quality contents showed a fixed training reaction with the Defendant, and the same gene type (Y-STR D No. 20 No. 1335 of the evidence list) is found (the gene assessment report No. 20 of the evidence list).

In full view of the facts acknowledged as above and the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court recognized all the facts charged of this case at the lower court. In so doing, it can be sufficiently recognized that the Defendant, as stated in the facts charged of this case, has sexual intercourse with the victim in an impossible state of resistance because the Defendant was under the influence of alcohol.

Therefore, this part of the defendant's argument is without merit.

In light of the following circumstances, the victim's statement has credibility.

The injured party has consistently observed in the investigative agency, “the injured party shall drink with the accused and his own behaviors at the home of the accused.