The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. The Defendant alleged a misunderstanding of facts and misapprehension of legal principles merely committed a sexual intercourse under an agreement with the victim who was in a relationship with the victim, and did not rape by threatening the victim. After the crime, the victim’s behavior is difficult to view it as an act of raped person. Despite the fact that the victim’s statement is not consistent or it is difficult to believe it as it is, the court below erred in the misapprehension of legal principles and convicted the victim of the facts charged.

B. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. On December 9, 2011, the summary of the charge is as follows: (a) the Defendant misleads the victim E (at the age of 50) who was in an internal combustion relationship with another male on December 9, 201, a domicile of the Defendant in Guro-gu Seoul, Guro-gu, Seoul, to believe that the victim E (at the age of 50) had a sexual intercourse with another male; and (b) the said victim was raped with the victim on the victim’s hand, “at the age of Y, Ying, Ying, Ying, ging, ging, ging, ging, ging, ginging, ging, ginging, ginging, ginging, ginging, ging, ging, ginging, ging at the seat of the victim; (c) the victim’s face was around 5-6 times gir head; (d) the victim was found to have a sexual intercourse with the victim’s hand over the victim.

B. The judgment of the court below is based on the following circumstances acknowledged by macroscopic evidence, i.e., ① the victim stated from the investigative agency to the court of the court of the court below that he was raped by the defendant, and ② the victim’s statement cannot be seen as a talker with the victim’s statement, and a sense of shame that the victim would feel as a sexual assault victim.