The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The victim of the mistake of fact was in a state of mental and physical loss or in an impossible resistance under the influence of alcohol at the time of the instant case.

The judgment of the court below which found the defendant guilty on the ground that it is difficult to see that the victim was in an impossible state of resistance, and that the victim was not guilty of quasi-rape by recognizing that there was no intention to commit such quasi-rape.

B. The punishment of the lower court (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. The lower court determined as to the assertion of mistake of facts in light of the following circumstances acknowledged as stated in its reasoning: (i) the Defendant first met the victim at the restaurant opening ceremony on the day of the instant crime, and the Defendant was not able to have a sexual intercourse while drinking together with the Defendant, or did not form an atmosphere; and (ii) the Defendant, who had lost the spirit of drinking immediately at the time, would have been directly driving the victim on his house to the surrounding persons.

In full view of the following facts: (a) the Defendant: (b) the Defendant: (c) driven the instant crime by driving the telecom to the telecom where the instant crime occurred; (d) the victim was under the influence of alcohol to the extent that he was unable to walk properly at the said telecom parking lot; and (c) the victim was unable to memory other work except for those where the Defendant lost memory under the influence of alcohol at a restaurant, and the Defendant was defilcing the sex of his female; and (v) reported the fact that the victim was sexually punished by the Defendant; and (v) the Defendant contacted the victim with the defect that the victim had agreed upon while the victim was dead. In full view of the fact that the Defendant had sexual intercourse by taking advantage of the victim’s non-fluencing condition of the victim who lost his mind under the influence of alcohol.

Considering that it is reasonable to view it.

The evidence duly adopted and examined by the court below, in particular, the victim's legal statement and video recording (CCTV).