A. 1) With respect to the fact of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes) 1), the Defendant taken his/her cell phone parts of the victim’s body with his/her cell phone, but there is no fact that the Defendant was out of the victim’s body while she was out of the victim’s body as stated in this part of the facts charged. 2) In relation to the fact of quasi-rape, the Defendant had a sexual intercourse with the victim, but the Defendant was her sexual intercourse with the victim

3) Nevertheless, the lower court found the Defendant guilty of all the charges of this case on the grounds of the victim’s statement, etc., based on the circumstances indicated in its holding. In so doing, the lower court erred by misapprehending the facts or misapprehending the legal doctrine on determining the credibility of the victim’s statement and the crime of quasi-rape, thereby adversely affecting the conclusion of the judgment. Furthermore, in light of the various sentencing conditions in the instant case of unfair sentencing, the lower court’s sentence imposed on the Defendant (two years of imprisonment and forty hours

2. Determination

A. 1) As to the assertion of mistake of facts or misapprehension of legal principles, the Defendant argued in the lower court that the facts charged in the instant case were similar to the assertion in the grounds of appeal (in relation to the point of quasi-rape, the lower court denied the fact that the victim had a sexual relationship with the victim, but in the lower court acknowledged the fact that the victim had a sexual relationship with the victim, but at the time of the lower court, the Defendant did not constitute the crime of quasi-rape inasmuch as the victim

The court below, in light of the following circumstances, which can be seen by evidence under the title of the "decision on the argument of the defendant and his defense counsel", shall be in the state of mental disorder due to drinking, as stated in each of the facts charged in this case.