The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. Defendant 1) When committing the crime of mistake of facts or omission of judgment, the victim G (hereinafter “victim”) was not in the state of mental disorder or failure to resist, and even if the victim was in the state of mental disorder or failure to resist due to the taking-out of water exemption, the Defendant was unable to recognize such fact. In particular, the Defendant was unable to associate with the Defendant when the victim acted with normal person due to side effects, such as the taking-out of water exemption. Nevertheless, the lower court convicted the Defendant of the charges by omitting judgment on the allegation about the possibility of multiple behavior due to water exemption. However, even if the lower court found the Defendant’s quasi-rape by mistake of facts or omission of judgment, the lower court erred in the misapprehension of the legal doctrine, even though paragraphs (1) and (2) of the facts charged were continuous, and thus constitutes a single comprehensive crime, the lower court erred by misapprehending the legal doctrine.

3) The lower court’s sentence against the Defendant of unfair sentencing (two years of imprisonment) is too unreasonable and unfair. B. The lower court’s sentence against the Defendant by the public prosecutor is too unreasonable. 2. On February 12, 2012, the Defendant: (a) knew around 01:00 on February 12, 2012, and known to the Defendant of the facts charged, through so-called “Eacking” in “Eacium” located in Pariju-si, Pakistan with the Defendant’s friendship with the victim (23 years of age) and the victim’s friendship and drinking alcohol; (b) after drinking alcohol at the “I” point in the above club and near the above club, the Defendant went back to “J” with the victim and H, who was exempted from sexual intercourse with the victim under the influence of around 10:10 on February 12, 2012, and went out of the victim’s clothes under the influence of 1:31 of the victim’s clothes.