The defendant's appeal is dismissed.

Summary of Grounds for Appeal

In relation to the facts charged of rape, the Defendant of mistake of facts and misapprehension of legal principles mean that “the victim will know the fact that he works in a singing voice to his family.” After that fact, the Defendant had sexual intercourse with the victim. However, the Defendant’s speech to the victim was to prevent the victim from doing any work in a manner that prevents the victim from engaging in such an act, and was not a means for rape by suppressing the victim’s intent, and there was no fact that the Defendant exercised the force of force against the victim. Family affairs, the Defendant exercised some tangible power, such as cutting down the victim’s timber.

Even in cases where a rape is established between the Defendant and the victim who had the legal marital relationship at the time, the assault or intimidation as a means thereof should reach the extent of essentially infringing on the victim’s sexual self-determination right. Thus, the exercise of such degree cannot be deemed as essentially infringing on the victim’s sexual self-determination right, which was legally married. Thus, the Defendant cannot be said to have raped the victim.

Nevertheless, the judgment of the court below which found the defendant guilty of rape is erroneous in the misapprehension of legal principles or misconception of facts.

A mentally ill-minded defendant was under the influence of alcohol at the time of each of the instant crimes, but the lower court erred by misapprehending his/her ability to discern things or make decisions.

In full view of the fact that the Defendant’s mistake is against the victim, and the victim does not want punishment against the Defendant, each of the instant crimes was committed against the victim of the married couple, and the Defendant, after committing the crime, led to the confusion between the victim and the victim, the lower court’s imprisonment (one year and six months and forty hours of imprisonment) is too unreasonable.