The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant is only having attempted to engage in a sexual intercourse under the agreement with the victim, and there was no similar rape.

The statement of the victim to the effect that the defendant has raped the victim is not reliable.

B. The punishment sentenced by the lower court (one year and eight months of imprisonment) is excessively unreasonable.

2. Judgment on the assertion of mistake of facts

A. The judgment of the court below also asserted the same purport as the grounds for appeal in this part. The court below held that the following circumstances, i.e., ① the major parts of the statement as to the damaged facts are consistent and specific and natural, its contents and detailed descriptions, etc., ② male-friendly E, which was self-employed after the case, are broken down or left.

There is no special doubt about the reason for the report that the report was made to the self-governing body and that the report was made immediately, and ③ the defendant and the victim had expressed their intention of self-defense while drinking together with the male-child body first known to him on the day of the crime.

Even if it is difficult to see that a male-child relationship is a sex relationship, in particular, under the agreement from the next side of the male-child group, it is inevitable to see that the statement of the victim partially not consistent on the fact of damage itself, but on the fact that the victim was under the influence of alcohol at the time, and the testimony was made by the court of the original instance after the lapse of one year or more from the date of the occurrence of the case.

In light of the fact that it is difficult to see, it was determined that the victim's statement has high credibility and credibility.

B. According to the statements of the victim with credibility as above, the defendant is the defendant.