The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is an error of law that affected the conclusion of the judgment by misunderstanding of facts or misunderstanding of legal principles by recognizing this fact, even though the defendant was only sexual intercourse under an agreement with the victim and did not rape the victim by assault or intimidation.

2. Determination:

A. The summary of the facts charged in the instant case was around 06:00 on June 20, 2013, the Defendant, at the house of the victim E (n, 24 years old) located in Sungnam-si, Sungnam-si, demanded the victim to talk for the reasons he she gets to find out the victim, and to talk again, and forced the victim who was in contact with the victim, and forced the victim to kis, cut off the her kis, so as to prevent the victim from going to her body from going to her body, and led the victim to rape by inserting his sexual organ into the part of the victim, and inserting them into the part of the victim.

B. The first instance court found the Defendant guilty of the crime of rape on the ground that according to the following circumstances acknowledged by the evidence of the judgment, the Defendant can be found to have forced sexual intercourse with the victim.

① From the investigative agency to the court of first instance, the victim sought the victim’s house on the date of the instant case, and tried to get off the victim’s clothes and clothes by force while talking with the victim on the part of the victim. The victim consistently stated to the effect that, in order to escape from the Defendant, the victim continued to go out of his body, including the wheels of the Defendant’s chest, and expressed his intention to refuse sexual intercourse, but eventually, the victim was raped.

② On June 21, 2013, the day following the occurrence of the instant case, the victim visited the Seoul Women’s and School Violence Victim’s Stosaw Support Center to provide consultation, taken the body photographs of the upper part of the Defendant incurred in the process of physical fighting with the Defendant, and responded to several hundreds of messages received from the Defendant after the occurrence of the instant case.