The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

In full view of the consistent statements made by the victim of misunderstanding of facts, and the fact that the defendant has committed sexual intercourse by taking advantage of the victim's state of impossibility to resist, the court below erred in the misconception of the fact that the court below acquitted the victim of quasi-rape, and thus is unreasonable.

The sentence of the lower court on unreasonable sentencing (fine 7 million won) is too unhued and unfair.

The summary of this part of the facts charged is that the Defendant, under the influence of alcohol at the time and place indicated in the facts charged, was sexual intercourse with the victim, who was unable to hold his/her body properly, and was exempted from all the clothes of the victim, who was unable to resist, and went off his/her clothes, and added his/her own sexual organ to the victim’s sound book.

The judgment of the court below is based on the following circumstances acknowledged by the evidence duly admitted and investigated: (a) the Defendant and the victim have moved to three times from 20:30 on the first day of the instant case to 23:50,000 on the day of introduction, and the Defendant stated that the Defendant got a bicycle of her friendship with the victim after the completion of the drinking place; (b) the victim stated that the victim had gone to go to the Defendant; and (c) the Defendant got to go to the Defendant and the victim were able to get home at around 02:00 on the day following the sex relationship; and (d) the victim was under drinking or used by the victim’s CCTV, even in the case of the CCTV image of the apartment, the victim was not found.