The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, such as misunderstanding of facts, tried to have sexual intercourse with the victim on the date and time, and at the place specified in the facts charged of this case. Although the Defendant did not use assault or intimidation against the victim, and did not reach the insertion by itself, the lower court convicted the Defendant of the facts charged of this case, which led to an erroneous determination of facts and a misapprehension of legal principles.

B. The lower court’s sentencing is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The Criminal Procedure Act 1 adopts the principle of substantial direct trial as an element of the principle of court-oriented trial that the formation of a conviction for a criminal case’s substance ought to be based on a trial in court.

This is because the judge can form accurate convictions on the case by directly investigating original evidence in court and give the defendant an opportunity to directly state his/her opinion on original evidence, thereby finding substantial truth and realizing fair trial.

The court shall ensure that the above substantial principle of direct cross-examination is fully realized in the court of first instance, which is the principle procedure in which parties’ allegations and evidence are examined, focusing on the court in the process of criminal proceedings and the trial process.

When determining the credibility of the testimony after the first instance court conducted the witness examination procedure, the credibility of the testimony is determined by considering not only the reasonableness, logic, and morality of the statement itself, but also the appearance and attitude of the witness who is involved in the statement in the open court, and the penology of the statement, and all other circumstances that are difficult to record in the witness examination protocol, such as the penology and penology of the statement.