The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for a period of three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The victim of the misunderstanding of facts (not guilty portion in the judgment of the court below) has no choice but to resist due to the defendant's series of assault and intimidation and excessive existence, and the victim's statements made by the prosecution that correspond to the facts charged in this part are credibility.

However, the lower court found the Defendant not guilty of this part of the facts charged erred by misapprehending the facts.

B. The sentence sentenced by the lower court (eight months of imprisonment and two years of suspended sentence) is too unfasible and unfair.

2. Determination

A. Determination 1 on the argument of mistake of facts 1) The summary of the public prosecutor's office is as follows: (a) within the same time and time as paragraph 1 of the judgment of the court below; (b) within the apartment inside the same apartment premises as the same apartment premises as the judgment of the court below; (c) the Defendant stated in paragraph 2 of the judgment of the court below that “I am dead and dead, so I am too long as I am dead.”; and (d) whether the victim did not live together with the other three years or less to face the crisis.

“Along with the words of “A”, the Defendant, and the Defendant, “I have been a large number of their lives.”

”라고 말을 하면서 피해자를 포옹하였고, 과도를 손에 쥔 채로 피해자에게 키스하다가, 피해자의 옷을 벗기면서 과도를 피해 자의 옆쪽에 내려놓고, 이미 판시와 같은 일련의 폭행 협박 행위와 과도의 존재로 인해 반항하는 것이 불가능하거나 반항을 포기한 피해자와 성관계를 하였다.

Accordingly, the Defendant raped the victim as above.

2) In full view of the following circumstances acknowledged by the evidence duly admitted and investigated, the lower court determined that the victim’s statement made by the investigative agency, the only evidence corresponding to this part of the facts charged, is difficult to believe, and the remainder of the evidence submitted by the prosecutor alone makes it difficult to suppress the victim’s resistance or make it considerably difficult to suppress the Defendant.