The defendant's appeal is dismissed.

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. The Defendant is only a sexual intercourse under the agreement with the victim, and there was no rape of the victim.

B. The lower court’s sentencing (the period of imprisonment with prison labor for three years and forty hours) is too unreasonable even if the Defendant’s act of sentencing is found guilty.

2. Determination

A. Determination as to the assertion of mistake of fact 1) Determination as to whether a perpetrator’s intimidation was made to establish the crime of rape ought to be made based on the specific situation in which the victim was faced at the time of sexual intercourse by comprehensively taking into account all the circumstances, such as the content and degree of the intimidation, the developments leading up to exercising force, the relationship with the victim, and the circumstances at the time of sexual intercourse. From an ex post perspective, the victim could have escaped from the scene of the crime before sexual intercourse or the victim did not resist the victim’s personal power, thereby making it considerably difficult for the perpetrator to resist the victim.

A readily concluding the credibility of a statement made by a victim, etc. supporting the facts charged (see, e.g., Supreme Court Decision 2005Do3071, Jul. 28, 2005). In determining the credibility of a statement made by the victim, etc. supporting the facts charged, the court shall not reject the statement without permission, unless there is any separate evidence to deem the credibility of the statement objectively acceptable in light of the following: (a) whether the content of the statement itself conforms to the rationality, logical and contradictoryness, or empirical rule; (b) whether the statement conforms to the witness evidence or a third party’s statement; (c) the appearance or attitude of the witness who is going to the witness’s statement made in the open court after being sworn before the judge; and (d) the appearance and appearance of the statement made in the witness’s statement made in the open court after being sworn; and (d) whether the statement made by the witness, including the victim, is sufficiently consistent and consistent with the facts charged.