The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for three years.

However, from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The statements made by the victim on the date, time, place, frequency, etc. of sexual intercourse with the Defendant (misunderstanding of facts as to the part of the crime) are inconsistent with objective evidence, such as a comprehensive and I message.

Therefore, the victim's statement that "the first sexual relationship with the defendant was made by free will, and the latter sexual relationship was both by force and by force." has no credibility.

In full view of the following: (a) the Defendant and the victim first met through dumping events; (b) the victim wanted to have sexual intercourse with the Defendant even after the instant case; (c) the victim was a high school student at the time and had been a majority of the experience in sexual relations; and (d) the victim reported the Defendant at the time for five months after the occurrence of the instant case, the victim cannot be deemed to have responded to sexual intercourse due to the Defendant’s intimidation at the end of April 2017.

In addition, the Defendant only provided the deaf-gu that “I will report to the police without paying one million won in lieu of body” in order to have the victim sent his/her body pictures to those who may know, and the Defendant did not have an intention to engage in sexual intercourse with the victim by force.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous in misconception of facts.

B. Prosecutor 1) misunderstanding of facts (the Defendant led to confession of the facts charged in this part by the prosecution.

At the time of investigation by the prosecution, the defendant was 28 years of age at the time of investigation by the prosecution, and was notified that his defense counsel may be present, and the confession was not made passively by the prosecutor's guidance, and the confession statement made by the defendant by the prosecution is highly reliable.

In addition, the victim had sexual intercourses between the defendant and the defendant from the investigative agency to the court of the court of the court below, and from the second to the second to the defendant.