Of the guilty part and the not guilty part, each rape on July 5, 2018 and July 6, 2018 shall be reversed.

A. misunderstanding of facts or misunderstanding of legal principles 1) Defendant (as to the crime part, quasi-rape, Kamera, etc., on July 4, 2018) (as to the crime part, the Defendant obtained the victim’s explicit consent on the sexual intercourse and the video photographing prior to diving, while showing the victim’s video in diving, and the Defendant did not sexual intercourse or photograph the video against the victim’s will. Even though the Defendant did not explicitly consent, the Defendant continued sexual intercourse with the victim, and the victim did not actively refuse once. Therefore, if the victim did not actively refuse the sexual intercourse and the video photographing, it should be deemed that the victim responded to the sexual intercourse and the video photographing. 2) On June 28, 2018, the Prosecutor (as to the part not guilty), at the time of quasi-rape, the victim was unable to resist or bread, and the Defendant was able to have sexual intercourse with the victim by making use of the text message to the victim or his family, and the Defendant was able to have sexual intercourse with the victim.

Therefore, the victim, who is likely to cause damage to the surrounding people, did not give any resistance to the demand of the defendant for sexual relations.

In light of these circumstances, it should be deemed that the victim at the time of the crime of rape had a considerable difficult situation to resist mentally and mentally.

B. The lower court’s imprisonment (three years of imprisonment) is too unreasonable.

2. Determination

A. On June 28, 2018, the lower court: (a) the evidence submitted by the prosecutor, based on the circumstances indicated in its reasoning, etc., either the victim is unable to resist or resist as stated in the facts charged.