A. In other words, the victim did not have any mental or physical loss or resistance by misunderstanding the facts or entering the telecom.

The defendant has sexual intercourse with the victim.

If the victim is unable to memory the fact that the victim reached an agreement with the sex relationship, this is likely to be due to the symptoms of so-called "blakout" (blak out) of a witness who loses his/her temporary memory due to his/her exploitation.

Even if the victim was physically and mentally deprived or unable to resist, the victim did not agree with the defendant and the defendant did not refuse to talk with the chest.

Therefore, the defendant thought that he was sexual intercourse with the victim, and that the victim was in a state of loss of mind and body or impossibility of resisting.

It was remarkably impossible to think of it.

In addition, the defendant did not add his sexual organ to the victim's sexual organ during the victim's sexual organ, so it did not reach the number of quasi-rapes.

B. The punishment sentenced by the lower court (the imprisonment of three years and six months, and the completion of the sexual assault treatment program 40 hours) is too unreasonable.

2. Determination

A. (1) According to the evidence duly admitted by the lower court at the lower court on the part of the victim’s assertion of misunderstanding of facts or misapprehension of the legal doctrine, various facts or circumstances acknowledged from 3 Myeon 13 to 4 Myeon 14, and from 8 Myeon 21 to 9 Myeon 10 are justified, and the following circumstances can be acknowledged.

Comprehensively taking account of these various facts, it can be sufficiently recognized that the victim was in an impossible state at the time.

This part of the defendant's assertion is without merit.

A) When administering a burgical room, the victim’s state drank the film together with the Defendant and J, and dice the alcohol three times prior to the instant case.

피해자는 1, 2차 술자리에서 소주, 맥주, 칵테일 등 여러 가지 술을 마신 후, 3차 술자리 중에는 처음 만난 피고인 앞에서 잠들기도 하였다.

J “The victim is the third.