All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The defendant (misunderstanding of facts about rape) is only a sexual intercourse under the agreement with the victim, and there is no violence or intimidation to commit rape.

In the case of sexual intercourse, it is difficult to regard the behavior of the victim as the reaction of sexual assault victim, and objective circumstances such as CCTV images are also inconsistent with the statement of the victim.

Nevertheless, the judgment of the court below which found the defendant guilty of rape among the facts charged of this case based on the statements made by the victim with no credibility is erroneous.

B. The prosecutor (e.g., imprisonment with labor for three years) of the lower court is deemed to be too uneasible and unfair.

2. Determination

A. 1) As to the Defendant’s assertion of misunderstanding of facts, the lower court, on the grounds stated in Articles 9 through 17 of the lower judgment, acknowledged the Defendant guilty of this part of the facts charged by deeming the credibility of the victim’s statement on the grounds of the reasons indicated in the lower judgment. In light of the records, the lower court’s determination that the Defendant committed an act indicated in this part of the facts charged, based on various evidence submitted by the prosecutor, including the victim’s statement, is sufficiently acceptable. Nevertheless, the Defendant continues to dispute the credibility

가 피고인은 피해자가 피고인에게 두 차례 키스를 하고 팔짱을 끼는 등 이성적인 호감을 보이는 행동을 하였고, 성관계 이후 피고인 옆에 누웠던 점, 성관계 과정에서 피해자의 몸에 아무런 상해도 발생하지 아니한 점 등 제반 사정을 종합할 때 피해자와 피고인은 합의하에 성관계를 하였다고 보는 것이 경험칙에 부합한다는 취지로 주장한다.

However, prior to committing the crime, there was an agreement on sexual intercourse immediately with only the fact that the victim had shown sexual hosity, such as taking the defendant's mind.