Defendant

All appeals by prosecutors are dismissed.

Summary of Grounds for Appeal

At the time of this case, the victim D was unable to resist due to misunderstanding of facts about quasi-rape or misapprehension of legal principles concerning the prosecutor's quasi-rape, and the defendant had sexual intercourse with the above victim by using it.

The credibility of the above victim's statement is recognized since the victim's statement is clearly stated not only consistent but also detailed contents that are difficult to state without direct experience.

Nevertheless, the court below rejected the above victim's statement and acquitted the defendant on this part of the facts charged, and erred by misapprehending the legal principles.

The sentence of the lower court’s unfair sentencing (one-month imprisonment, etc.) is too uneasible and unfair.

Defendant

With respect to taking photographs using misunderstanding of facts or misapprehension of legal principles, the defendant taken video pictures with the consent of the victim D.

On the part of the assault against the victim F, since the defendant only took a hand to the shoulder of the victim F, it does not constitute a assault that is the object of a crime of assault under the Criminal Act.

With respect to the assault against the victim G, the defendant has no record of assaulting the victim G.

Even if there was an assault against the above victim, this constitutes legitimate self-defense or legitimate act, since the above victim was able to have the defendant set up and pushed the defendant while taking a bath first, and thus constitutes a defensive act.

The sentence of unfair sentencing by the court below is too unreasonable.

In order to establish the crime of quasi-rape under Article 299 of the Criminal Act regarding the prosecutor's assertion of misunderstanding the facts and misapprehension of the legal principles, ① the victim must be in the state of mental or physical disability or nonperformance, ② the defendant has the intention of quasi-rape, namely, recognizing the possibility that the victim has a state of mental or physical disability or impossibility to resist, and having the possibility of sexual intercourse by taking advantage of such state.