The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. In light of the legal principles, the Defendant did not engage in any indecent rape to the extent that he/she could be assessed equally as he/she made it impossible to resist the victim’s resistance or made it considerably difficult.

(2) At the time of the instant case, the victim was not in a state of mental or physical disability or impossibility to resist, and thus, the Defendant cannot be deemed to have used the state of mental or physical disability of the victim.

B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal

A. (1) Determination of the misapprehension of the legal principle as to the establishment of a quasi-rape by force under Article 298 of the Criminal Act is also included in the form of an indecent act by force. In the case of an indecent act by force, the reason for punishing the perpetrator even though there is no assault or intimidation to the extent that it makes it difficult for the victim to resist. This is because the victim could not substantially resist the indecent act that he could not have anticipated, and this is similar to those of assault or intimidation to the extent that it makes it difficult for the victim to resist.

The reason why the indecent act is punished is also reasonable in the case of a habiting rape.

(see Supreme Court Decision 2016Do14770, Jan. 12, 2017). In other words, in the event a victim has been repeatedly raped without unexpectedly, the victim could not resist substantially, and the degree of illegality is the same as that of assault or intimidation that would make it impossible or considerably difficult for the victim to resist.

As such, an unexpected quasi-Rape takes place, and the victim cannot resist it, resulting in the failure of the victim to resist, and thus, it is the same as that of the impossibility or significant difficulty of resisting. Therefore, a similar rape was committed against the victim’s will.