The defendant's appeal is dismissed.

1. Summary of grounds for appeal by the defendant;

A. Under an agreement with the victim, the Defendant was only one time of sexual intercourse, and did not assault the victim while having sexual intercourse or attempted rape with the victim who is in a state of failing to resist.

B. The sentence imposed by the lower court on the Defendant (two years and six months of imprisonment, 120 hours of order to complete a program) is too unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and examined by the lower court, the lower court acknowledged the Defendant’s lapsing out of the victim’s clothes, which was temporarily drunk at around 02:00 on December 5, 2012 and sexual intercourse with the victim.

The victim, from the police to the court of the court below, consistently stated in detail that “The victim, who was under the influence of drinking 2 soldiers in a restaurant, was blicker, and thereafter was seated, is not flicker, and then, he cannot be flicker. She was flick with his eye and her clothes was off, and the Defendant inserted the Defendant’s sexual organ into her inner part and her own negative part.” The victim was damaged by the Defendant on the ground that “The Defendant was flicker, who was flicker, was flicker, and flicker in a restaurant, was flicker, and then flicked.” The victim made a concrete and detailed statement as to the circumstances after the crime.

G, a Moel State, stated in the police that “The two male persons have broken off the victim and entered the Moel, and the victim was under the influence of alcohol to the extent that the victim's body was divided.”

D In the court of the court below, it stated to the effect that “The victim was able to know about her own body while getting on and off the vehicle, etc.” and stated to the effect that “the victim was under the influence of alcohol.”

However, D is in the court below's decision.