All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. On June 5, 2013, at around 02:30 on June 5, 2013, the Defendant discovered a victim who requested assistance from the Kelel in front of the Kelel located in Gangnam-siJ, moved the victim's implied her to the above 209 room, and was out of a locking room, and did not rape the victim, but the lower court found the Defendant guilty of the facts charged in the instant case by misunderstanding the facts.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. In full view of the circumstances cited by the lower court in determining the Defendant’s assertion of mistake of facts, or the following circumstances revealed in the argument and the process of the examination of evidence, the credibility of the Defendant’s statement that the Defendant raped and injured the victim as stated in the instant facts charged can be sufficiently recognized. As such, the instant facts charged has proved the Defendant’s guilt, and the lower court did not err in matters of mistake of facts as alleged by

(1) While the Defendant made a statement that the victim had a situation within the victim's quality, the Defendant changed the perception that he thought that he had been aware of the situation as a matter of course because he had sexual conduct that did not detect any fixed amount in the appraisal by the National Science Investigation Agency, and the police reported a part of the body to the police without cleaning it. However, in the court of the court below, the Defendant made a statement that was not consistent with the front and rear, such as testimony that he had a shower about about 30 minutes in the house and testified that he had a shower, and thus, the victim's statement is not credibility.

However, regarding the circumstances of the defendant, the victim stated in the first investigation of the police that he would know it well without the same mind, and that in the second investigation of the police, the second investigation of the police, the defendant affirmed the authenticity of the statement in the first investigation of the police, and the defendant's body "I have the ability to report it as it is without making partial body."