The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the defendant has sexual intercourse with the victim, direct violence that he has exercised at the time of sexual intercourse with the victim is all when the victim's hand turns out at one time, and the victim has been suffering from the defendant's pets, and even before the case, the victim statements that the defendant has sexual intercourse with the victim, and even before the case, the defendant has been forced to have sexual intercourse with the victim, it cannot be deemed that the assault that the defendant used for the victim in this case is impossible or difficult to resist the victim.

B. The Defendant was under the influence of alcohol at the time of committing the instant crime, and thus, was unable to completely memory the situation at the time of committing the instant crime. As such, the Defendant had weak ability to discern things or make decisions at the time of committing the instant crime.

2. Determination

A. Determination as to whether the Defendant’s assault, etc. constitutes assault and intimidation of the crime of rape (i.e., assault and intimidation) was committed or threatened by the perpetrator to establish the relevant legal doctrine shall be made based on the specific situation in which the victim was placed at the time of sexual intercourse by comprehensively taking into account not only the content and degree of the assault and intimidation, the developments leading up to exercising force, the relationship with the victim, and the circumstances at the time of sexual intercourse and the post. From an ex post perspective, it shall not be readily concluded that the perpetrator’s assault and intimidation did not reach the extent that it would significantly impede the victim’s resistance solely on the ground that the victim was able to escape from the scene of the crime before sexual intercourse or the victim did not resist with his/her personal history (see Supreme Court Decision 2005Do3071, Jul. 28, 2005). In addition, in determining the credibility of the victim’s statement supporting the facts charged, the court shall determine the credibility of the statement itself, logic, empirical rule, or evidence or evidence of a third party.