The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant guilty of each of the facts charged of this case on the ground of the victim's statement with no credibility, although the defendant taken photographs of the victim's body with the victim's consent and had sexual intercourse with the victim's consent.

B. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

2. Determination

A. As to the allegation of mistake of facts, the Defendant also argued to the same effect as the grounds for appeal, and the court below found the Defendant guilty of each of the facts charged in this case after holding that, in full view of the following circumstances known by the evidence duly admitted and investigated by the court of the original instance, it is reasonable to view that the Defendant used violence and intimidation to prevent the victim from resisting and sexual intercourse with the victim as stated in the facts charged in the original judgment, as well as sufficient proof to the extent that there is no reasonable doubt as to the photograph of the body against the victim’s will in the process.

① The victim, at the police station, made a very concrete and detailed statement to the extent that it is difficult for the victim to speak without direct experience as to the circumstances in which the crime was committed, and the contents of the victim’s statement are maintained in the prosecution and the court of original instance to the same effect, and the victim’s statement about the circumstances and contents of the crime of this case can be sufficiently reliable.

② On the same day, the victim immediately found the hospital on the day of the instant case, received medical treatment under the diagnosis of brain-dead, and submitted to the police a petition for the instant crime to the Defendant, and received the investigation. On the same day, the victim’s body photographs taken under the presence of the police at around 21:00 on the same day are confirmed to have the side and left arms.

In this regard.