The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The defendant only has sexual intercourses under an agreement with the victim and has not committed violence against the victim.

Judgment

A. The lower court determined the credibility of the victim’s statement that he/she was raped from the Defendant by comprehensively taking into account the following facts or circumstances, which can be found by the evidence duly admitted and investigated, and acknowledged the fact that the Defendant raped the victim, as shown in the facts charged, based on the victim’s statement and the remaining evidence of each judgment.

The victim made a concrete and consistent statement from the investigative agency to the court of the court below on the main part of the fact of damage, and there is no especially unreasonable or contradictory part in its contents.

(A) The victim’s statement to the effect that the Defendant’s forced sexual intercourse without wanting to punish the Defendant at the court below’s trial. The victim’s report process does not reveal any doubtful circumstances, but does not seem to have any motive or reason for the victim to make a false statement. It is difficult for the victim with a delay disorder to expect a logical and reasonable statement in the situation at the time of committing the crime without contradiction. Even if part of the victim’s statement is not consistent, it can be deemed to be subject to the limitation of memory following the lapse of time, and thus, it is difficult to reject the credibility of the victim’s statement.

At the time, the witness D, who was staying in the house of the victim together with the defendant and the victim, made a statement that corresponds to the statements in the investigative agency of the victim and the court of original instance in lieu of the statements in the court of original

Although the defendant acknowledges the fact of sexual intercourse, he asserts that he does not use violence, on the other hand, his memory is accurate under the influence of alcohol at the time of the investigation agency and the court of original instance.