The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although there was no misunderstanding of the facts or rape of the Defendant, the lower court found the Defendant guilty of this part of the charges on the grounds of the victim’s statement without credibility. In so doing, the lower court erred by misapprehending the rules of evidence or misunderstanding of facts (the gist of each attorney’s written opinion or pleading submitted after the expiration of the submission period for the grounds of appeal shall be determined within the scope of supplement of the grounds for appeal specified in the reasons for appeal, and no separate judgment shall be made as to the defense counsel’s assertion that is not entirely indicated in the reasons for appeal). (b) The sentencing unfair

2. Determination

A. The degree of formation of a conviction for finding a guilty guilty in a criminal trial as to a factual misunderstanding, etc. is to the extent that there is no reasonable doubt, but to the extent that it is not required to exclude all possible doubts, and the rejection of evidence recognized as having probative value by causing a suspicion beyond the bounds of the principle of free evaluation of evidence shall not be permitted. The reasonable doubt here refers to a reasonable doubt as to the probability of a fact that is not inconsistent with the facts required based on logical and empirical rules, rather than all questions and correspondences, and it does not constitute a rational doubt (see Supreme Court Decision 2010Do12728, Jan. 27, 2011). The defendant asserted in the lower court that the aforementioned facts were alleged to the same effect as the alleged misunderstanding, etc., and the lower court rejected the aforementioned assertion in detail.

In full view of the aforementioned legal principles and the circumstances revealed by the court below, the evidence duly adopted and examined by the court below and the court below shall be admitted as follows.