The judgment of the first instance shall be reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment becomes final and conclusive.

1. The statement of the victim that he/she was raped from the defendant is not reliable, and only the victim was sexual intercourse with the victim's cruel agreement.

Nevertheless, the first instance court found the defendant guilty of the facts charged in this case, and such judgment of the first instance contains errors of law by misunderstanding facts and affecting the conclusion of the judgment.

2. Determination:

A. In light of the following circumstances acknowledged by the first instance court based on the evidence duly adopted and examined as to the Defendant’s assertion of mistake of facts, the victim’s statement that corresponds to the facts charged in the instant case is credibility.

(1) The victim stated that since occasional organs, after having sexual intercourses with F (F, hereinafter referred to as “F”) under consistent agreement with F, the victim was locked, and that he/she was raped by himself/herself, as he/she was embarracated.

② Following the instant case, the victim told F to the effect that the victim was raped by the Defendant and said F was the Defendant, and the victim said F was raped by G on the same day.

③ The victim stated that he did not want to do so even though he did not want to do so in the preceding drinking place of the instant case. While F was friendly by the Defendant in the drinking place, the victim stated that she was flickly flickly flickly flickly flicked to the victim’s statement.

④ The victim sent F with the text message “Wen i sleing in sleeing,” “White self-conf” (at the time he is in his own possession, the certificate No. 1) to F. The defendant asserts that he was aware that he was aware that he was entering the room, but the victim stated that he was aware that he was aware of the fact that he was entering the room (at the trial record No. 74), and the entire content of text message is the defendant's own occurrence.