The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. On June 8, 2017, the fact that the Defendant misunderstanding of fact had a sexual intercourse with the victim was made with the consent of the victim. However, it was made with the consent of the victim.

Nevertheless, the court below found the defendant guilty for the crime of rape, which erred by misunderstanding the facts and affected the conclusion of the judgment.

B. The sentencing of the lower court’s unfair sentencing (4 years of imprisonment, 40 hours’ order to complete sexual assault treatment programs, 40 hours’ order, confiscation) is too unreasonable.

2. Determination:

A. In determining the assertion of mistake of facts, violence or intimidation must be such to the extent that the victim's resistance is considerably difficult, and whether such violence or intimidation was significantly difficult to resist the victim should be determined by taking into account all the circumstances such as the content and degree of the relevant assault and intimidation exercising force, circumstances leading to exercising force, relationship with the victim, and circumstances at the time of the crime (see Supreme Court Decision 2000Do1914, Aug. 18, 200). In light of the above legal principles, considering the following circumstances acknowledged by evidence duly adopted and investigated at the court below, the crime No. 3 of the court below committed by the defendant was committed against the victim's will that it is considerably difficult for the victim to send a video image (hereinafter referred to as "the video of this case") recorded in paragraph (1) of the court below to the victim or to threaten the victim from sexual intercourse, and the victim's sexual intercourse against the victim's intent to threaten him/her.

(1) The victim is against the crime of the judgment of the court below before the defendant rapes the victim from an investigative agency to the court of the court below.