A. The Defendant asserted that the Defendant was guilty of facts with the consent of the victim, taken a photograph of the damaged person’s sexual organ, and inserted the Defendant’s sexual organ into the victim’s negative organ in the process.

A victim's statement is not reliable because it is inconsistent and is contrary to objective evidence.

However, the lower court erred by misapprehending the fact that the lower court found all the charges of violation of the Act on Special Cases concerning the Punishment, etc. of Quasi-rape and Sexual Crimes (using a camera, etc.) guilty, thereby adversely affecting the conclusion of the judgment.

B. The defendant and the prosecutor asserted that the amount of punishment of the court below's unfair sentencing (the period of three years of imprisonment and 40 hours of sexual assault treatment program) is too large, and the amount of the punishment is unreasonable. The prosecutor asserts that the amount of the punishment is too small and so the amount of the punishment is unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts

A. At around 01:40 on July 31, 2015, the Defendant, along with the victim C (the 26-year-old age), fluencing alcohol with the Defendant’s house located in Seongbuk-gu Seoul Da302, so the victim was fluored by the Defendant, who was under the influence of alcohol, and was placed on the bed at the bed part of the victim, and was fluoring the victim’s breast part of the chest, who was under the influence of alcohol, and fluoring the victim’s chest and fluor, was sexual intercourse once with the victim’s will and clothes.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-competence condition.

2) The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (using cameras, etc.), at the same time and place as mentioned in the preceding paragraph, exceeded the victim’s breath and clothes, regardless of being drunk, and taken pictures of the victim’s breath and the Defendant’s sexual organ inserted the victim’s sexual organ into the victim’s negative part, using the Defendant’s mobile phone camera function.

Accordingly, the defendant could cause sexual humiliation or shame by using a camera or other similar mechanism.