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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court found the Defendant guilty of the facts charged in the instant case on the ground that the Defendant merely had sexual intercourse with the victim under agreement with the victim and did not have sexual intercourse with the victim who was under the influence of alcohol and was unable to resist, but believed only the victim’s statement without credibility.
B. The sentence imposed by the lower court on the assertion of unfair sentencing (three years of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the lower court and the first instance court, the following facts may be acknowledged. (A) The Defendant sent the victim’s phone number for the first time on February 8, 2013 by reporting the victim’s photograph at GKakao Stockholm where the victim was his/her relative, the victim and the third-month teaching system, and requesting G to find out the victim’s phone number. On February 9, 2013, the Defendant sent the victim a message to the victim on February 9, 2013, stating that “the victim might be seen as one time in the next week,” and the victim sent the victim a message to the effect that “the victim sent time to his/her family,” and that “the victim ought to be seen as having complied with the time and mind.”
B) After that, on February 12, 2013, the victim sent the Defendant a Kakakao Stockholm message stating that “Ihhh, Ihh,” and received a Defendant’s request on February 12, 2013. Accordingly, the Defendant: (a) around February 21, 2013, at around E’s hotel located in Yongsan-gu Seoul Metropolitan City, she drinking a victim with the victim at around 4:4 Cheongh, along with the victim; (b) around 22:23 minutes of the same day, the victim she got from the E’s hotel line with the victim at around 22:23 minutes of the same day, and confirmed whether the victim was off to the hotel staff at the E’s hotel line with the victim at around 2:23 minutes of the same day; and (c) on February 23, 2013, the Defendant asked the victim whether the victim was Dan son, and (d) made the above Defendant with the victim “F.”