The defendant's appeal is dismissed.

The gist of the grounds for appeal is misunderstanding the facts of the grounds for appeal: The Defendant committed rape among the facts charged in this case, the Defendant did not rape the Victim K, and the confession of this part of the facts charged in the original judgment is only based on the opinion of the counsel of the original court (which is the counsel of the original court).

Nevertheless, the judgment of the court below which found the defendant guilty of rape among the facts charged of this case is erroneous in finding facts.

The punishment sentenced by the court below to the defendant (five years of imprisonment) is too unreasonable.

Judgment

사실 오인 주장에 대하여 원심이 적법하게 채택하여 조사한 증거들에 의하여 인정되는 다음과 같은 사정 즉, ① 피해자 K는 이 사건 범행 당일 모텔에서 깨어난 다음 바로 경찰에 신고를 하였고, 경찰에서 “2016. 1. 18. 00:00 경부터 02:00 경 사이에 클럽에서 놀던 중 우연히 만난 피고인이 잠깐 바람 쐬고 오자고 하여 나갔고, 피고인이 ‘ 누나 많이 취해서 다시 놀면 출근 못하니까, 내가 모텔 잡아 줄게.

Mashmana, “I am to go to the match house,” and am to go to the telecom. The Defendant, who was going to the house, entered the telecom and am to go to the victim, and am to go to the victim as her bed. In doing so, I am to say that she was rape.

“In I think, I reported a new attack at the suspender where I want to go through the shower between the Defendant and the Defendant. The Defendant saw the shower and she saw the head and kid, her head, her head, and her head, and her head, and her head, her head, and her head, anywhere I am her in the same year. I am her face, head, and dial-a-be in the same year. I am her head, and she her head, and she she she she was her drinking, and she her head, and she she was her head, and she was her head, and her head, and she was her head, and she was her at the time when I am out of the shower and panty, and she was her drinking with the defect of the resistance, such as she was her head, "at the time I am out."