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The defendant's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles, and improper sentencing)
A. As to the misunderstanding of facts and misapprehension of legal principles, the Defendant did not commit violence or intimidation against the victim to the extent that it is impossible or difficult to resist, and only committed sexual intercourse under an agreement with the victim.
B. Even if the defendant's act of sentencing is found guilty, the sentencing of the court below (the imprisonment of 4 years and 80 hours, order to complete sexual assault treatment programs, confiscation) is too unreasonable.
2. Determination
A. Determination of the misapprehension of the legal principle on the assertion of misunderstanding of the facts and the misapprehension of the legal principle 1) Whether a perpetrator’s intimidation was committed to establish the crime of rape should be determined based on the specific situation in which the victim was placed at the time of sexual intercourse, taking into account not only the content and degree of the intimidation, but also all the circumstances such as the developments leading up to exercising force, the relationship with the victim, and the circumstances at the time of sexual intercourse, etc.
A readily concluding the credibility of a statement made by a victim, etc. supporting the facts charged (see Supreme Court Decision 2005Do3071, Jul. 28, 2005, etc.). In determining the credibility of a statement made by the victim, etc. supporting the facts charged, the court not only does it conform to the reasonableness, logical and contradictoryness, or empirical rule of the contents of the statement itself, but also accords with the witness evidence or a third party’s statement, such as the appearance or attitude of the witness who is going to the witness’s statement made in the open court after being sworn before the judge, but also when the witness’s statement, including the victim, is evaluated as credibility by directly observing various circumstances that make it difficult to record in the witness examination protocol, such as the appearance and attitude of the witness who is going to the witness’s statement made in the open court after being sworn before the judge, and