The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The exercise of tangible force, such as misapprehension of legal principles and mistake of facts, does not constitute assault or threat against rape legally.

In other words, there was no fact that the defendant has exercised the force to suppress the victim's resistance, and there was no intention to rape.

B. Sentencing of the lower court’s punishment (a punishment of imprisonment for a period of one year and six months, a suspended sentence of two years, an order to attend lecture for treatment of sexual assault for 80 hours, and an order to provide community service for 120 hours) is too unreasonable.

2. Determination

A. As to the misapprehension of the legal principles of the defendant and the assertion of mistake of facts, the appellant or his defense counsel shall submit a written reason for appeal to the appellate court within 20 days from the date on which he receives the notice of receipt of the records of trial by the appellate court (Article 361-3(1) of the Criminal Procedure Act), and the appellate court shall object to the appeal for which the reason for appeal was stated in the petition of appeal or contained in the statement of reason for appeal submitted within the above period is the subject matter of the trial, and even in cases where the reason for appeal is not exceptionally included in the statement of reason affecting the judgment, an ex officio decision may be rendered (Article 364(1) and (2) of the Criminal Procedure Act). Therefore, even if the defendant or his defense counsel states

Nor can it be viewed (see, e.g., Supreme Court Decisions 2006Do848, May 31, 2007; 2013Do14329, Jan. 16, 2014). According to the records, the Defendant received a notice from this court on December 13, 2017 to receive the records of trial, appointed limited liability law firms (LLC) as private defense counsel. The defense counsel submitted the reasons for appeal on December 29, 2017, which is within 20 days from the date of service, and the reason for appeal submitted the statement of appeal. The reason for appeal was that there was only an unjust assertion, and the date of trial at the first instance on March 11, 2018, which was subsequent to the date on which the appeal was not timely filed, was designated on March 11, 2018.