The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of the case of mistake of facts, the Defendant was guilty of the facts charged in the instant case by mistake of facts, despite the fact that the victim first ended the Defendant’s sexual organ and did not have sexual intercourse with the victim by force, and was not by force.

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

2. Determination

A. In light of the following circumstances acknowledged by the lower court’s duly admitted and investigated evidence, namely, the victim, at the time of the instant case, made a specific and consistent statement as to the fact of damage, such as the victim’s failure to meet the Defendant at the time of the instant case, and made a statement that he was not sexually related to the victim’s intent, and the Defendant also recognized that he had sexual intercourse with the victim without the victim’s consent at an investigative agency and the lower court, the instant facts charged that the Defendant had sexual intercourse with the victim with the physical disability by force can be sufficiently convicted.

Therefore, the defendant's assertion of mistake is without merit.

B. The Defendant’s judgment on the assertion of unfair sentencing did not have any history of criminal punishment except for those sentenced one time to a fine due to the violation of the Establishment of Homeland Reserve Forces Act before the instant case, and the victim did not have any criminal punishment by mutual consent with the victim. However, the instant crime was committed by sexual intercourse with the victim who was unable to properly defend himself due to the disability of class 1 with hearing disability, and the nature of the relevant crime was extremely poor, and the victim was exposed to considerable mental shock due to the instant crime, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, etc.