Defendant

All appeals by prosecutors are dismissed.

1. Of the facts charged in the instant case, the lower court dismissed the public prosecution and convicted him/her of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

The Defendant and the prosecutor filed an appeal only for the guilty portion of the judgment below, and the dismissed portion of the judgment below did not appeal by both the Defendant and the prosecutor.

The judgment below

Since the dismissal of public prosecution for which an appeal has not been filed is separated and confirmed as it is, the scope of this court's judgment is limited to the conviction part of the

2. Summary of grounds for appeal;

A. Defendant 1 did not have an intention to rape a victim. Nevertheless, the lower court found the Defendant guilty of this part of the facts charged on the ground that there was an intentional rape, which affected the conclusion of the judgment by misapprehending the legal doctrine. (2) At the time of committing the crime, the Defendant was in a state of mental disorder or mental disorder under the influence of alcohol.

Nevertheless, the court below did not recognize the mental disorder of the defendant. The court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

3) The lower court’s sentence imposed on the Defendant of unreasonable sentencing (such as imprisonment of two years and six months) is too unreasonable.

B. Prosecutor: The above sentence imposed by the lower court on the Defendant is too unjustifiable and unjust.

2. Determination

A. In a case where the Defendant denies the intention, which is a subjective element of the constituent elements of the crime, in a case where the determination of the Defendant’s assertion of mistake of facts and misapprehension of the legal principles regarding the Defendant’s assertion of 1 having no intention to commit rape, the criminal intent itself cannot be objectively proven. Therefore, it is inevitable to prove it by means of proving indirect facts or circumstantial facts relevant

At this time, there is an indirect fact or an indirect fact related to what is.