The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of the facts charged in this case even though the defendant had sexual intercourse only under the agreement with the victim and did not have sexual intercourse by force. The court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. We comprehensively examine the evidence rules, precedents, and evidence duly examined by the first instance court and the trial court concerning the criteria for believing the statement of a person who asserts that he/she is the victim of sexual assault as to the assertion of mistake of facts.

Defendant

In addition, the court below also asserted the same purport as the grounds for appeal on the ground that the defendant merely made a sexual intercourse under the agreement with the victim and did not have sexual intercourse by force. The court below held that the defendant's first victim's chest was denied at the prosecutor's office and stated to the effect that the defendant had sexual intercourse with the defendant, under the title of "judgment on the defendant and his defense counsel's assertion", the court below held that the defendant's statement, which is the most important evidence corresponding to the criminal facts of this case, is relatively concrete and consistent with the criminal facts of this case from the investigative agency to the court below, and that the victim made a statement to the effect that he had sexual intercourse with the defendant continuously after school, ② the victim was sexual intercourse with the defendant on the day of this case, ② the victim did not have any motive or reason to make a false statement that there was such fact even if the victim was not a sexual intercourse with the defendant, ④ the defendant's first victim's refusal of sexual intercourse with the defendant and stated to the effect that the victim was sexual intercourse without his consent.