The defendant's appeal is dismissed.

1. Reasons for appeal;

A. The lower court erred by misapprehending the legal doctrine by misapprehending the legal doctrine, without changing the indictment, that “the victim goes off his/her panty panty” at the end of the facts charged.

In order to enter panty, “the victim was raped by putting his or her sexual organ into the part of the victim’s sound by putting him or her sexual organ into the part of the victim’s sound,” and “the victim was not shouldered from diving.”

In other words, it recognized the criminal facts by changing the victim's sexual organ to "the victim had sexual intercourse once with the victim by inserting the victim's sexual organ into the part of the victim's sexual organ."

Therefore, the judgment of the court below is erroneous in finding facts different from the facts charged without due process of modification of indictment.

B. The judgment of the court below which found the defendant guilty of the facts charged in this case based on the victim's statement that has no credibility of the facts is erroneous and has affected the conclusion of the judgment

(c)

The punishment sentenced by the court below to the defendant (two years of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of the legal principles, in a case where there is no concern about a substantial disadvantage to the defendant's exercise of his right to defense, the court recognized facts different from the facts charged without going through changes in indictment.

Even if there is no violation of the principle of unfavorable disadvantage (see, e.g., Supreme Court Decision 2011Do1651, Jun. 30, 2011). The Defendant commenced an act of sexual intercourse with the victim’s intent to engage in sexual intercourse with the victim’s intent to engage in sexual intercourse with the victim’s intent to engage in sexual intercourse with his/her intent to engage in sexual intercourse with the victim’s resistance, at the time when he/she was exempted from the clothes of the victim under diving and taken his/her own seat, and commenced the commission of the crime of rape.

It should be seen that the defendant does the above act, and then when the victim shoulders at a diving or the defendant wishes to insert the sex.