The defendant's appeal is dismissed.

1. Summary of grounds for appeal by the defendant;

A. The Defendant of mistake of facts is merely a sexual intercourse under an agreement with the consent of the victim, and does not have raped the victim, and even if so, does not do.

Even if there was no intention to rape, it was known that there was an agreement with the victim with the consent of the victim, and there was no sexual intercourse with the victim.

In addition, the Defendant was unable to insert sexual organ at the time of the instant case, and the crime of rape was not completed, and the Defendant did not exercise the victim’s power to the extent of inflicting bodily injury, and it is difficult to view that the victim suffered bodily injury because it is difficult to have a diagnosis and trust.

Nevertheless, the court below erred by misapprehending the facts charged in this case.

B. The crime of this case with mental disorder was committed in a state of mental disorder, not mental disorder, or mental disorder by the defendant under the influence of alcohol.

C. The lower court’s sentence of unreasonable sentencing (five years of imprisonment, 40 hours of sexual assault treatment program, and 6 years of information disclosure and notification) is too unreasonable.

2. Determination

A. The lower court’s judgment that found the Defendant guilty of the instant facts charged is justifiable in light of the following circumstances established by the evidence duly adopted and investigated by the lower court, and this part of the Defendant’s assertion is without merit.

(1) With respect to the assertion that sexual intercourse had occurred under the agreement with the victim, this case was committed by the defendant's intrusion at the studio where the victim living together with the victim at around 05:40 new walls, and the victim, after finding the defendant, led the defendant to take away from the studio of the defendant in order to secure the place where the police is reported safely after finding the defendant, and led the defendant to the room after taking the defendant away from the cell phone by putting the defendant and preventing him from leaving the body of the defendant.