The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

1. The summary of the grounds of appeal (misunderstanding of facts and misapprehension of legal principles) at the time of the instant crime, the victim, without clearly recognizing the fact that sexual intercourse with the Defendant, was sexual intercourse with the Defendant, was in a state of mental and physical loss or resistance impossible until he turns the mind due to drinking and water surface influence.

Although the defendant had sexual intercourse with the victim by knowing that the victim was guilty, the judgment of the court below which acquitted the defendant is erroneous by misunderstanding the facts and misunderstanding the legal principles.

2. Determination

A. A. An ex officio determination prosecutor maintained the existing facts charged of quasi-rape as the primary facts charged, and subsequently applied Article 302 of the Criminal Act to the name of the crime; “Article 302 of the Criminal Act” as stated in the facts charged; and applied for amendments to a bill of amendment which adds the same contents as stated in the column of “criminal” as stated in the facts charged; and the subject of the adjudication was changed by this court’s permission.

However, this Court affirmed the conclusion of the lower court that acquitted the Defendant of the primary facts charged, but the lower court found the Defendant guilty of the ancillary facts charged as seen below, which led to no longer maintained.

However, despite the above reasons for reversal of authority, the prosecutor's assertion of mistake of facts and misapprehension of legal principles as to the primary facts charged is still subject to the judgment of this court, which will be examined below.

B. On June 9, 2017, the primary facts charged are determined by the lower court’s determination as to the prosecutor’s primary facts charged. Around June 20, 2017, the Defendant, at around 20:0, performed drinking together with the above C, victim, and F in Gangseo-gu Seoul Metropolitan Government D apartment, E, the victim, and F, where the male-friendly job offering C (the age of 31) of the victim B (the age of 31), and around 23:00, the Defendant sleep into a small room and sleep, and the victim and C sleep into a drinking room by up to 01:40 on June 10, 2017.