All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts was established between the victim and the victim, and the sex relationship of this case was also established under the agreement with the victim. Even if there were some assaults between the victim at the time of the sex relationship, it did not reach the degree of suppressing or making it considerably difficult to suppress the victim’s resistance. Nevertheless, the judgment of the court below which found the Defendant guilty on the ground that the victim’s statement was reliable, and there was an error of law that affected the conclusion of the judgment by misunderstanding the facts, which affected the conclusion of the judgment. 2) The sentence of imprisonment (three years of imprisonment) sentenced by the court below against the defendant of unfair sentencing is too unreasonable.

B. The prosecutor (unfair form of punishment)’s sentence imposed by the court below against the defendant is too uneasible and unfair.

2. Determination

A. 1) As to the Defendant’s assertion of mistake of facts, the lower court also argued to the same effect as the grounds for appeal in this part. In full view of the circumstances as indicated in its reasoning acknowledged by the evidence adopted under the title of “determination on the Defendant’s and defense counsel’s assertion,” the lower court rejected the Defendant’s assertion on the ground that the credibility of the victim’s statement can be acknowledged to the effect that the Defendant had sexual intercourse with the victim by causing assault to the victim at the time and place of the judgment, and that such an act of assault by the Defendant was sufficiently recognized to have been such a degree as to make the victim impossible or considerably difficult to resist. 2) Whether there was assault and intimidation by the perpetrator to establish the judgment of the lower court should be determined based on the specific circumstances that the victim was faced at the time of sexual intercourse, by taking into account not only the content and degree of the assault and intimidation, the background leading up to exercising the force, the relationship with the victim, and the subsequent circumstances at the time of sexual intercourse.