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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant is not by assault or intimidation with the victim, but by assault or intimidation, and thus, the crime of rape is not established.
B. The sentence imposed by the lower court (two years of imprisonment, 40 hours of completion of sexual assault treatment programs) is too unreasonable.
2. Determination
A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below's decision on the assertion of mistake of facts: (i) the victim has sexual intercourse at an investigative agency with the defendant's head at the time of entering the brigade before entering the brigade and stated the facts of harm specifically by threateningly speaking, and (ii) the defendant sent the victim a letter message with the victim following the crime, and (iii) the victim reported to the police after the date of the crime, although the victim reported the victim's family or other people after the lapse of one month, the victim decided to reach an agreement at KRW 1.5 million with the victim's family or other people, and reported the damage that the defendant would have failed to pay money, so it is sufficiently acceptable in view of the circumstances leading up to the delay of the report, and (iv) the defendant denies rape at the appellate court since the court below found all the facts charged by the defendant guilty.
Therefore, the defendant's assertion of mistake is without merit.
B. The Defendant committed the instant crime against the assertion of unfair sentencing is a assault and rape committed by the Defendant first on the Internet hosting, and the nature of the offense was more serious. The Defendant submitted a written reply to the lower court’s acknowledgement of all the crimes, but presented an attitude of denying the crime at the time of the trial, and there is a question as to whether it properly reflects the attitude of denying the crime.