The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault against the defendant for 120 hours.

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant committed a misunderstanding of facts only by naturally mutual consent with the victim and does not have a sexual intercourse, but rather by force. ② The text of the annexed Table 2 and 3, which referred to in the annexed Table 2 and 3, did not threaten the victim to commit suicide. However, the lower court erred by misapprehending the facts, thereby convicting the Defendant of all of the facts charged.

B. The lower court’s sentence of unreasonable sentencing (four years of imprisonment) is too unreasonable.

2. Determination:

A. In light of whether a person has sexual intercourse with another person by force in determining the assertion of mistake of facts, the victim has expressed his/her intention in the investigative agency and the court below that he/she did not refuse to request the defendant's sexual relationship. However, the victim has consistently expressed his/her intention that he/she had sexual intercourse with another person by force.

According to the evidence duly admitted by the court below, at the time of the crime of this case, the defendant is an adult of 24 years old, and the victim was merely a middle school student of 14 years old, and the defendant was aware of the victim's secret by doing hosting with the victim for a considerable period of time before maturity, and it appears that the victim was considerably difficult for him to receive the part of the defendant's flag. The defendant was sexually involved in the victim's home at the second time. It is difficult to see that the victim, who is a middle school student, still visiting the defendant's home, was expected to have sexual intercourse while visiting the defendant's house. Even if he did not go through physical force such as assault, intimidation, etc., in an isolated space like home, the victim could sufficiently be forced only by the sudden behavior of adult male, such as the defendant, and the victim contact the defendant passively after the crime of this case, and the defendant could have been contacted with the defendant, and furthermore, he was able to contact the victim several times a day.