The defendant's appeal is dismissed.

Summary of Grounds for Appeal

In the case of the assertion submitted after the deadline for submitting an appeal for mistake of facts has expired, it shall be examined to the extent of supplement in case of appeal.

The injured party gets up or lowered a stairs up to E hotel (hereinafter referred to as the “instant hotel”) from the only C (hereinafter referred to as the “instant club”) to the Defendant, and acted normally, such as going up to the mixed toilet in the hotel room of this case.

The CCTV video is to use the CCTV image of the hotel of this case, or the "Moel CCTV video", the name of evidence in the list of evidence, as it is.

It can not be seen that the form of the victim in this case was reached.

The victim seems to be unable to memory the situation at the time of this case due to the symptoms of so-called blackout.

As such, the victim did not have the state of mental or physical disability at the time of the instant case.

The Defendant agreed to have a sex relationship with the victim and moved to the hotel of this case.

Since the victim acted normally as above, the defendant was unable to recognize that the victim was in a state of mental disorder or impossibility.

Therefore, the defendant did not have the intention of quasi-rape.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in misconception of facts.

The sentence of unfair sentencing (one year and six months of imprisonment, two years of suspended execution, etc.) of the lower court is too unreasonable.

Judgment

In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, the defendant may be fully convicted of the facts charged in this case that the defendant had sexual intercourse with the victim by using the victim's mental or physical disability

There is no error of misconception of facts in the judgment of the court below on the above conclusion.

The defendant's assertion of mistake is without merit.

The facts charged in this case.