The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Sexual assault against the defendant for 120 hours.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles, the Defendant did not have a mind at the time of approaching the victim who was seated around his residence.

I did not think at all, and the sexual relationship was reached by a shoulder or mutual agreement around May 13, 2017, when the victim had come to sleep together with the victim.

However, the lower court found the Defendant guilty of the facts charged of this case and erred by misapprehending the legal doctrine.

2) The punishment sentenced by the lower court (three years of imprisonment, etc.) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. As to the Defendant’s assertion of misunderstanding of the facts or of legal doctrine, the lower court’s determination was duly adopted and investigated based on the following circumstances, and was proved to the extent that there is no reasonable doubt that the victim was sexual intercourse with the victim under the influence of alcohol at the time of committing the instant crime, in light of the following circumstances, etc.:

In view of the facts charged of this case, the charges of this case were convicted.

A) The credibility of the victim’s statement (i) the victim got a large amount of drinking while drinking at a club until the lower court’s trial was held by the investigative agency, and the victim lost his mind.

정신이 들어 눈을 떠 보니 깜깜 한 방 안 침대에 누워 있었고 옆에 나이 많아 보이는 아저씨가 누워 있어 놀라 서 벌떡 일어났는데 피고인과 자신 모두 알몸 상태였다.

During that period, a person is too rare for a short period of time, and he/she is aware that he/she has inserted his/her sex into his/her port.

Although a bank (Handbag) was opened and its cell phone was found, there was no cell phone, and the defendant has a cell phone in the clothes of the defendant.