The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, there was no fact that the Defendant had been rapeed, and there was no fact that the Defendant had attempted to avoid rape.

B. The sentence of imprisonment (four months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below comprehensively based on the evidence duly adopted and examined by the court below regarding the assertion of misunderstanding of facts are: ① since the investigation agency and the court below consistently stated that “the defendant was sexual intercourses with the defendant and did not have rapes”; ② The defendant’s statement is not consistent with the situation prior to rapes, specific methods of rapes, etc.; ② The defendant’s statement is difficult to believe it is inconsistent with the circumstances at the time; ③ although the defendant alleged that he was rapes during one hour, he was not under investigation at the early stage of the case and did not explain specific damage portion; ③ there was no evidence to verify what kind of situation or hole occurred in the defendant’s body until the court of the trial; ② whether the person was forced to rapes as alleged by the defendant; ④ the defendant’s assertion that the defendant was not sexual intercourses with the defendant’s statement made by the police officer and the statement made by the defendant in accordance with the rule of experience, including the defendant’s statement made by the police officer and the statement made by the defendant (see, e.g., Supreme Court Decision 20000