The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. (1) Defendant (1) was guilty of the facts charged in the instant case, and the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment. In so doing, the lower court did not err by misapprehending the facts, thereby adversely affecting the conclusion of the judgment. In so doing, it is so decided as per Disposition by the assent of all participating Justices on the bench, except as otherwise alleged in the ground of appeal.

(2) The lower court’s sentence of unreasonable sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. The summary of the facts charged of the instant case (1) around 01:00 on November 16, 201, the Defendant: (a) singing out singing out and drinking together with the victim E (at least 27 years old); and (b) recommended the victim to “sing up with a thickness or drinking” at around 03:00 on the day, the Defendant went to the Defendant’s house in Seoul Special Metropolitan City Nowon-gu E-gu building 201; but (c) the victim anticipated to go to the restaurant, who was aware that he was the Defendant’s house, was refusing to go to go to the restaurant; and (d) the Defendant got into the said Defendant’s house with the victim.

The Defendant ordered drinking and salbling in the Chinese restaurant to take place together with the victim, and demanded the victim to find a defect in the sexual relationship. However, the victim refused it, the victim was forced to leave the victim's resistance after leaving the victim in a compulsory manner, and then exempted the victim's clothes in his/her hands from all of the victim's clothes, and putting the victim in a single sexual intercourse with the victim, and put him/her on the part of the victim with an internal field that requires approximately two weeks of treatment.

(2) At around 14:00 on November 16, 201, the Defendant was raped by the said victim who was shouldered or under the influence of the said Defendant’s house.