The defendant's appeal is dismissed.

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. The Defendant, under agreement with the victim, was sexual intercourse, and the victim did not have a mental or physical loss or resistance at the time of the instant case.

B. The sentencing of the lower court (a two-year imprisonment and an order to complete a sexual assault treatment program for 80 hours) is too unreasonable even if the Defendant’s act of sentencing is found guilty.

2. Determination

A. 1) Article 299 of the Criminal Act provides that a person who has sexual intercourse or indecent act by taking advantage of a person’s mental or physical loss or incompetence status shall be punished as the crime of rape or indecent act by force under Articles 297 and 298 of the Criminal Act. Here, the case is one of the impossible situations.

The term “case where psychological or physical resistance is absolutely impossible or substantially difficult due to reasons other than the loss of mental or physical nature in balance with Articles 297 and 298 of the Criminal Act (see Supreme Court Decision 2010Do7403, Sept. 9, 2010, etc.). 2) Based on these legal principles, we look at the instant case. In full view of the various circumstances presented by the lower court, the Defendant would assist the Defendant in relation to the conversion of full-time workers on the day of the instant case.

Along with this, there was credibility in the victim G’s statement to the effect that: (a) the Defendant was drinking together; (b) the Defendant was entitled to alcoholic beverages while paying taxi expenses and proxy driving expenses; and (c) the Defendant was able to drink more alcoholic beverages than ordinary alcoholic beverages; (d) the Defendant was sleeped only in the two-lane beer house; and (e) the Defendant was not in the state of being slick and the clothes when she was shouldered in the telecom.”

The judgment of the court below was erroneous.

Now, the relationship between the Defendant and the victim, the circumstance and process in which the Defendant and the victim drinked two alcohols at the time of the instant case, the background and process between the Defendant and the victim, and the CCTV image.