A. Fact-finding, psychological exhaustion, misunderstanding of legal principles, and violation of the rules of evidence 1) The Defendant, under the influence of alcohol, was drunkd by the victim as theO at his own home and became a cab. The victim was locked, and the victim was forced to grow in the motherel where he was in his home because he did not have a Handphone.

At the time, the victim was under the influence of alcohol, but he was able to decide on his own will and distinguish things, and the defendant did not bring the victimized person into the telecom for sexual intercourse against the victim's will.

2) The fact that the victim of quasi-rape refers to the victim’s “self-help” and the defendant got the victim to have sexual intercourse with the victim. At the time of the sex relationship, the victim was not physically and mentally deprived or unable to resist, and there was no intention for the defendant to have sexual intercourse with the victim by recognizing the victim’s mental and physical loss or impossibility of resistance.

B. The sentence sentenced by the lower court to the Defendant (two years of imprisonment, three years of suspended execution, and 80 hours of order to attend a course) is too unreasonable.

2. Determination

A. Determination as to the assertion of the violation of the law by mistake of facts, psychological exhaustion, misunderstanding of legal principles, and misunderstanding of legal principles 1) Determination as to the abduction of sexual intercourse under Article 288 of the Criminal Act refers to the act of kidnapping the victim from free living relationship against his/her will or from the protection relationship to a criminal or a third person's de facto control. In cases where the victim is used as a means of assault or intimidation, the degree of assault or intimidation is sufficient to the extent that the other party can be placed under the de facto control, and it does not necessarily include cases by de facto force other than assault or intimidation. Whether a certain act constitutes the crime of kidnapping as above.