The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Sexual assault against the defendant for 40 hours.

1. Summary of grounds for appeal;

A. According to the facts charged in this case by mistake or misapprehension of the legal principles, Defendant 1: (a) committed sexual intercourse with the victim by taking advantage of the victim’s resistance impossibility condition that he was under diving after being able to resist from a diving around January 1, 2016; (b) however, according to the victim’s investigative agency and the court below’s statements, the victim was divingd around January 1, 2016 due to sound that the Defendant was wraped, and the victim was at around 07:00 (after sunset) and then divided the Defendant’s talk around 07:00 (round 07:00); and (c) such series of circumstances were memoryd, the possibility of the victim’s temporary memory status (e.g., so-called “scambling status” or “scambling status” or “scambling status” due to drinking at around 07:00 (e.g., impossible mental or physical condition).

not be deemed to be the case.

In addition, the defendant was unable to fully recognize that the victim was in a state of mental or physical loss or impossibility of resistance, and there was no intention to have sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or impossibility of resistance.

Nevertheless, the court below found the defendant guilty of the facts charged in this case by taking each of the statements made by the investigative agencies and the court below at the court below. Thus, the court below erred by misapprehending the legal principles on the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, which affected the conclusion of the judgment.

2) The punishment sentenced by the lower court to the Defendant (the completion of the sexual assault treatment program with 2 years and 6 months and 40 hours of imprisonment) is too unreasonable.

B. Prosecutor 1) In light of the details, details, means, and methods of the instant crime committed with respect to which the disclosure and notification of personal information was improper.