All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant (1) did not rape a victim of mistake of facts.

(2) The sentence of the lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

B. The sentence imposed by the Prosecutor is too unhued and unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of fact, the defendant can sufficiently recognize the fact of rape of the victim, so the defendant's assertion against it is without merit.

B. Although the Defendant denies a part of the Defendant’s crime in the trial and committed the instant crime during the period of suspension of execution, considering the following factors: (a) the victim does not want the Defendant’s punishment; and (b) the age, character and conduct, environment, motive and circumstance of the crime; (c) the means and consequence of the crime; and (d) the circumstances after the crime, etc., various sentencing conditions indicated in the record, such as the circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable and thus, is unreasonable

3. The appeal filed by the defendant and the prosecutor in conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.