The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. As to paragraphs 1 and 2 of the judgment of the court below, the defendant assaulted the victim as stated in the judgment, but thereafter, the defendant has a sexual relationship with the victim and under mutual agreement.

2) As to Paragraph 3 of the holding, the Defendant already passed a car with the knowledge that the victim had been waiting for the vehicle, and thereafter, when the victim reported the fact that the victim was waiting for the vehicle.

B. On June 11, 2018, the Defendant, a mental or physical loss, or a mental or physical weak, as indicated in the reasoning of appeal No. 3 as to the instant judgment, asserted as the ground of mistake of facts, mental or physical loss, mental or physical weakness, and unfair sentencing, as to the instant judgment No. 3 as to the instant judgment date. On July 18, 2018, the Defendant asserted as only the ground of mistake of facts and unfair sentencing as to the date of the first trial of the instant court. However, unless the Defendant explicitly withdraws his/her mental or physical loss or mental or physical weak claim as to the instant judgment, this part of the appeal’s grounds of appeal

At the time, the Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol.

(c)

The sentence of the lower court (seven years of imprisonment) against an unfair defendant in sentencing is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. As to paragraphs (1) and (2) of the judgment of the court below, the defendant alleged the same purport in the court below. However, in full view of the following facts or circumstances acknowledged by the evidence adopted and investigated by the court below, the defendant assaulted the victim refusing to sexual intercourse, causing the victim to be unable or considerably difficult to resist, and making use of such circumstance sufficiently recognizable facts that led to sexual intercourse against the victim's will.

In light of the above, the defendant did not accept the above assertion.

A) As recognized by the Defendant, the Defendant is driving along with the victim who was on September 2, 2017, around 18:00 and around 21:00 on September 26, 2017.