The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

가. 사실오인 피고인은 화장실 밖에서 피해자와 채무 문제로 대화하던 중 조용한 곳에서 이야기하고자 피해자와 함께 화장실에 들어갔을 뿐, 피해자를 강간하기 위하여 강제로 밀어 넣은 바 없고, 피해자가 피고인을 무시하는 태도를 보이자 피해자의 뺨을 2회 때리고 피해자의 종아리를 가볍게 1회 찼을 뿐, 배나 허벅지를 때린 사실이 없으며, 피해자의 반항을 억압할 정도로 피해자를 폭행한 사실이 없고, 피해자와 합의하여 성관계한 것이지 피해자를 강간한 바 없다.

B. The lower court’s sentence of unreasonable sentencing (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. In determining the credibility of a confession of a mistake of facts, the credibility of a confession should be determined in consideration of whether the contents of the confession are objectively rational, what is the motive or reason of the confession, what is the motive or reason of the confession, what is the reason leading up to the confession, and what is not contrary or contradictory to the confession among other evidence except the confessions. Furthermore, even if the evidence of the confession is not sufficient to the extent that the confession of the defendant can be recognized as true, even if it is not sufficient to the extent that the whole or important part of the facts constituting the crime can be recognized, it is sufficient to determine whether the confession of the defendant is true, and it can be indirect or circumstantial evidence as well as direct evidence.

(See Supreme Court Decision 2010Do2556 Decided April 29, 2010, etc.). Examining the evidence duly adopted and examined by the lower court and this court, the Defendant stated in the police, the prosecution, and the lower court that all the charges of this case were accepted by the Defendant, by assaulting the victim, suppressing the victim’s resistance, and committing rape. This constitutes confession, and ① The victim is consistent from the police to this court.