The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. Fact-finding that the Defendant had a sex relationship with F, but at the time, F did not have a state of mental disorder or non-performance.

B. The lower court’s sentencing (one year of imprisonment, 40 hours of sexual assault treatment program, and 5 years of disclosure and notification order) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The judgment of the court below also made the same assertion in the court below, and in light of the following circumstances, the court below rejected the defendant's defense suit and found the defendant guilty on the ground that the defendant can be viewed as having sexual intercourse with F with the state of mental disorder or inability to resist by drinking only, on the ground that F can be viewed as having been sexual intercourse with F.

① At the date of the instant case, F was present at an investigative agency and Seoul Central District Court 2012 high-scale 537, and was present on the date of the instant case, and at around March 5, 201, at New York K 24:00, she d'D', and she d'the Plaintiff d's drinking together with the Defendant's drinking. At that time, at the time, the Defendant continued to do so, 5-6 knife with the influence of alcohol.

At around 11:00 on March 6, 201, the next day of E, a psychiatrist who was sexual assaulted by E from E, and the Defendant was aware of his sexual intercourse with E at the same time after hearing from E-gu G where he went to E, and the Defendant was aware of his sexual intercourse.

“A relatively consistent statement,” and there is no special circumstance that F makes a false statement about the defendant.

② On the following day after the occurrence of the instant case, F stated that a school physician was raped to a Gain’s school physician, and that a school physician was connected to a sexual violence center and received an inspection related to sexual assault on the following day. In fact, F visited the Gain’s hospital on March 8, 201 and received a physical examination related to sexual assault.