A. In the event of misunderstanding of facts or misunderstanding of legal principles, the victim did not have a state of mental or physical disability or failing to resist at the time the defendant had a sexual relationship with K.

Under the agreement with the victim, the defendant had sexual intercourse, and the defendant did not have the intention to have sexual intercourse with the victim by taking advantage of the victim's mental disorder or non-performance state.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous in misconception of facts and misapprehension of legal principles.

B. The sentence imposed by the lower court on the Defendant (a year and six months of imprisonment, a suspended sentence of two years, an order to attend a course 40 hours, confiscation) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, the Defendant alleged in the lower court to the same effect as the grounds for appeal.

As to this, the lower court rejected the judgment on the grounds of detailed circumstances in the “judgment on the Defendant and the defense counsel’s assertion” item.

Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court and the lower court, the circumstance that at the time of the instant case, the victims were unable to normally determine and respond to the Defendant’s sexual conduct, and the Defendant knew the victim’s status and went to the sexual relationship with the victim.

Therefore, the decision of the court below which rejected the above argument of the defendant is just and acceptable, and there is no error of misunderstanding of facts or misunderstanding of legal principles as pointed out by the defendant.

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

At the time of the instant case, the Defendant and the victim stated consistently to the effect that “the victim tried to return home together with N after the completion of drinking place”.

Ndo Ndo trie the intermediate withdrawal of alcohol by the intermediary himself, who had been drinking by the victim.