The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts is only a fact of sexual intercourse under the agreement with the victim, but did not have sexual intercourse with the victim by force.

B. The sentence of imprisonment (six years of imprisonment) on the judgment of the court below on unreasonable sentencing is too unreasonable.

2. Determination

A. (1) The Defendant asserted the same purport as the grounds for appeal under this part of the judgment below.

The lower court rejected the Defendant’s assertion on the following grounds, on the grounds that it was possible to recognize that the Defendant had sexual intercourse with the victim under the influence of force by the Defendant.

① The victim consistently states that, from the police to the court of the court below, intimidation from the Defendant had a sexual intercourse, as stated in the criminal facts column of the court below.

Although the victim made a statement by misunderstanding the date of partial damage or the order of crime, it appears to be due to the limit of mistake or memory, and the other parts are relatively concrete and clearly stated, and there is no particular reason to mislead the defendant.

In light of these circumstances, the victim's statement has credibility.

② At the time of committing the crime, the victim was a female under 14 years of age, while the Defendant, etc., sent a letter to the entire group of persons, etc., and had many violences, the body was 29 years of age, where the body was sound.

In addition, at the time of each crime, the victim was in the situation where the defendant was placed in the office of the defendant.

Considering the age and physical differences between the victim and the defendant, the sentences and criminal records of the defendant, and other facts that the victim took a scamblance point in the defendant's house, it is recognized that the defendant's remarks threatened to the victim at the time of each of the crimes of this case were sufficient intimidation to suppress the victim's free will.

(3) The defendant shall constitute the first crime on or around September 6, 2013.