The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) At the time of sexual intercourse, the Defendant did not assault or assault the victim. 2) As the victim did not control the victim’s sexual contact, the Defendant thought that sexual intercourse was permitted by the victim and had sexual intercourse. Therefore, the Defendant did not have the intent to rape.

3 The scarcity of a scarke wall suffered by a victim does not constitute an injury resulting from rape.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing is too unreasonable.

2. Determination

A. As to the assertion that there was no assault or threat, the lower court acknowledged the circumstances as indicated in its reasoning based on the evidence duly admitted and investigated, and determined that, following this, the Defendant: (a) prevented the victim from resisting the victim’s body, thereby having sexual intercourse and raped the victim once.

In light of the above circumstances acknowledged by the court below and the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, such judgment of the court below is just and there is no error as alleged by the defendant.

① The victim not only dices a considerable amount of alcohol at the time, but also frightened to her to friend, so that she could have come home with her mouth, and thus she could have flown without force. The Defendant saw the victim’s chest and friend with her chest and friend with the victim’s leg, took the victim’s leg toward her chest with the victim’s body, and inserted her sexual organ into the part of the victim’s body.

② Since the Defendant’s physical size of 177-178cm is a body size of 100km, the victim’s resistance seems to have been sufficiently threatened if the victim’s body takes part in the Defendant’s body.

In addition, the defendant put the victim's sexual organ into the victim's sexual intercourse, and shaking the victim's hair in front and rear.

(3) The aggrieved person shall be under the influence of alcohol at that time and shall not be good.