The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for a period of four years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. In fact, the misunderstanding of the legal doctrine was under the influence of alcohol at the time when the Defendant was laid down in the parking lot, but was not taken to the extent that it was impossible to resist, the victim was exempted from all his/her lower rank and was found to be defective and the Defendant was harsh.

Although the Defendant attempted to sexual intercourse with the victim under the agreement with the victim, he did not take a sexual intercourse due to the breath of alcohol.

In addition, there was no reason for the defendant to injure the victim in the course of sexual intercourse with the victim.

The defendant cannot at all memory because he was under the influence of alcohol on the part of the victim due to what circumstance the victim sustained.

Then, the court of the court below erred by misapprehending the legal principles on the mistake of facts or the impossibility of resisting, thereby adversely affecting the judgment.

B. The sentence of the lower court’s improper sentencing (three years of imprisonment) is too unreasonable.

2. Determination as to the misapprehension of facts or misapprehension of legal principles

A. According to the evidence duly admitted and examined by the court of the court below as to whether the defendant tried to engage in sexual intercourse by taking advantage of the victim's resistance situation, the judgment below's finding of facts is fully acceptable.

And according to the police statement protocol against J, the JJ 2015

3. On 28. 00:05, while patroling the second floor underground of the E building, the victim is found between parking vehicles, while coming from the victim’s bridge while multi-party Defendant was able to have a able to stay at the victim’s bridge, and the J “We need to see”.

Austria도요 도요

The victim did not enjoy the victim as if he/she were in opposition to his/her her son while making his/her son, and the J reports this form of the victim, and the son is in a direct manner.

J. M.C.

In fact, the J, on its own initiative, does not have any way to do this situation, so the parking lot and the former patrol staff.