The defendant's appeal is dismissed.

1. The gist of the grounds for appeal is that the Defendant has not expressed the victim’s desire to do so as stated in the facts charged.

2. Determination

A. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence in its judgment.

B. The following circumstances acknowledged by the evidence duly admitted and examined by the court below and the court below's judgment, namely, F and G who have observed the site of this case, made a statement to the effect that both the defendant was able to take the victim's desire as stated in the facts charged, and the content of the statement is specific and alternative, consistent with the victim's statement, as well as there are no circumstances to deem F and G to have made the statement in order to gather the defendant. Thus, in full view of the fact that the credibility of the statement appears to be high, the judgment of the court below is just, and the defendant's assertion of mistake of facts is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.