All appeals by prosecutors are dismissed.

A. The judgment of the court below which convicted the defendant of the facts charged of this case is erroneous in the misapprehension of facts, which affected the conclusion of the judgment, although the victim did not have a state of inability to resist at the time of this case, and the defendant merely had sexual intercourse with the victim's implied consent.

B. The lower court’s sentence (five years of imprisonment, 120 hours of completion of sexual assault treatment programs, and 5 years of disclosure and notification) is too unjustifiable and unreasonable.

2. Determination

A. The lower court’s determination on the Defendant’s assertion of mistake of facts is 1). In addition, when considering the following: (a) the victim made a concrete and consistent statement from an investigative agency to a court of the lower court on the facts constituting a crime and the circumstances leading to it; (b) the victim’s attitude at the time of making a statement in the court of the lower court; and (c) the victim’s statement that corresponds to the facts stated in the lower court’s judgment is reliable; (b) the victim’s statement that conforms to the facts stated in the lower court’s judgment is reliable; and (c) the victim’s statement was made by the Defendant and the victim; and (d) the victim’s statement was made in full with any circumstance as at the time of the Defendant’s appearance; and (e) the victim was unable to memory most of the days between the two times and the middle time, but it appears that only the victim was able to have been aware of the victim’s physical behavior at the time of being drunk, even if the victim lost her spirit by drinking.