The defendant's appeal is dismissed.

An application filed by an applicant for compensation shall be dismissed.

1. On March 6, 2019, the Defendant and his defense counsel presented a defense counsel’s opinion on the grounds of appeal that “if the Defendant’s act constitutes a assault, which constitutes a constituent element of the crime of rape, the Defendant confirmed the victim’s refusal intention and suspended such act to the person, and thus constitutes a suspended crime under Article 26 of the Criminal Act.”

However, the above assertion by the defendant and his defense counsel is not a reason for appeal included in the statement of grounds of appeal which was entered in the petition of appeal or submitted within 20 days from the date of receiving the notification of the receipt of the trial record at the trial court, and it does not accept it because it does not require ex officio determination because it is not a reason that it affects the judgment (i.e., the evidence lawfully adopted and lawfully examined at the original trial, i.e., the victim's statement (which is the 14th page of the evidence record) that the victim's statement (the 14th page of the evidence record) was found to be credibility because it is difficult to find the contents of the statement specific, consistent and different reasons why the victim's response to the victim's refusal to commit the crime because it is not consistent and specific).

misunderstanding of facts and misunderstanding of legal principles are only interrupted in the course of sexual conduct under an agreement with the victim, and there was no attempt to rape against the victim's will, or there was no suppression of the victim's resistance due to violence.

Even if it is recognized that the defendant exercised force against the victim, this does not constitute assault, which is a constituent element of the crime of rape.

B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal

A. Judgment of the court below on the assertion of mistake of facts and misapprehension of legal principles.