The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Since the Defendant was raped by misunderstanding of facts and misunderstanding of legal principles, the instant complaint is not false.

Nevertheless, the judgment of the court below which recognized the defendant's non-existence of C is erroneous in misconception of facts or misapprehension of legal principles.

B. The lower court’s sentence of unreasonable sentencing (two years of suspended sentence of August, one year of suspended sentence, one hundred and twenty hours of community service) is too unreasonable.

2. Determination

A. 1) Determination of the lower court on the assertion of misunderstanding of facts and misapprehension of legal principles

① The Defendant and C used the term “B”, a location-based social network, mainly used as a tool between men and women, i.e., the male and female.

C On January 9, 2018, 01:23, the Defendant reported the protogram pictures and writing posted on the above display, and requested the Defendant to talk. Since then, two persons were given day-to-day dialogues on the place where C was living through the Kakaox, pet dog, hobby, food, etc. which C kid.

② On January 11, 2019, around 00:13, 2019, the Defendant sent C the word “out of house” to C, and C told C to the effect that the phone was defective.

C A around 01:21, at around 01, a driver driving a vehicle on which he was on the engine, and the defendant was informed to the head of the defendant's office and brought the defendant into his office.

After having sexual intercourse with the victim, the Defendant was divingd as it was, and the Defendant went home with the new wall C around 4:00, and returned home with the son who was playing in a club near the new house, and returned home.

(3) C shall be shouldered by locking around 08:05.