The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant case, committed assault against the victim and attempted to commit a sexual intercourse, but did not reach the inserting of a sexual instrument.

B. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disorder or mental disability.

C. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant asserted that he had not been inserted in the judgment of the court below to the effect that he had retired from his sexual intercourse with the victim, and the court below rejected the above assertion in detail in the part of the “determination on the Defendant and the defense counsel’s assertion.”

In light of the following circumstances acknowledged by the court below and the evidence duly admitted and investigated by the court below, the fact-finding and the judgment of the court below that the defendant raped the victim by inserting sex at the time of the instant case is justified, and there is no error of law by mistake of facts as claimed by the defendant.

① The victim, from the investigative agency to the court of the court below, tried to have sexual intercourse with the victim, not only the fact that the defendant forced to leave the panty and the panty and inserted twice, and made a statement specifically and consistently.

② Prior to the instant case, the victim was aware of the Defendant in the Internet game for three months prior to the instant case, but actually met the Defendant, on the date of the instant crime.

As can be seen, in addition to the fact that the victim, who was the first space between the defendant and the defendant at the time of the instant case, did not commit the crime of rape, even though the victim did not commit the crime of rape, whether the victim was inserted in the sex at the time of the said crime due to the relation with which he had already experienced in the instant case.