The defendant's appeal is dismissed.

1. The summary of the grounds for appeal - misunderstanding of facts or misunderstanding of legal principles did not file a complaint against the defendant on the grounds of rape, but led to a complaint by the defendant due to the threat of contact, and the defendant did not use violence or threat to the extent that it would make it impossible or considerably difficult to resist by the victim. The defendant made a false confession in the court below as a means to promptly release him/her from his/her meeting and deception, under the psychological chilling influence due to detention.

Nevertheless, the court below found the defendant guilty of the facts charged in this case as evidence of the confession and the statement of the victim without voluntariness. Such judgment of the court below erred by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

2. Determination

A. The following facts can be acknowledged according to the evidence duly adopted and examined by the court below and the court below, which found (1) the defendant's judgment on the admissibility and credibility of confession made on the date of trial:

㈎ 피고인은 2014. 3. 18. “싫다는 의사를 분명히 표시하였음에도 피고인이 강제적으로 성관계 하였다.”고 하는 피해자에게 “진짜 미안해, 그건 내가 진짜 죽을 죄를 지었어 내가 다 잘못했어..”라는 내용의 문자메시지를 보냈고, 피해자의 오빠에게도 죄송하다는 문자메시지를 보냈다.

㈏ 피고인은 2014. 3. 20. 경찰에서 피고인의 아버지가 동석한 상태에서"피해자가 싫다고 하였지만 그냥 성관계를 하였다.

The Defendant was trying to place the victim on a 3-4-time or non-permanent ground, and was exempted from the victim’s clothes in order not to be able to get off his clothes.

Although the victim was the hand of the defendant who tried to be off of the victim's clothes and said that the victim was not able to do so, the victim was off from the part of the victim's body at one time.