The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The victim of misunderstanding of facts and misunderstanding of legal principles is not unable to memory all of the situations after the defendant was met, and the victim actively respondeded to the defendant's Skin's leadership in cooperation with the defendant, such as taking the body of the defendant off his clothes, etc. The victim, who was naturally divided the conversation with the defendant without any disturbing color even after the lock was broken off by his body. At the time of the instant case, the victim was not "the state of mental disorder or the state of failing to resist."

The victim's statement about the situation at the time is not consistent and is not reliable in violation of the rule of experience.

Even if the victim was unable to memory the situation at the time, the defendant did not have the awareness of the victim's failure to resist, so there was no intention of quasi-rape.

Nevertheless, the lower court erred by misapprehending the legal doctrine and misunderstanding the facts charged in the instant case.

The sentence imposed by the court below on the defendant (three years of the suspended sentence of one year and six months) is too unreasonable.

Judgment

As to the assertion of misunderstanding of facts and misapprehension of legal principles, the court below rejected the above assertion in detail by stating in detail the judgment on the “determination of the defendant and his defense counsel’s assertion” among the judgment of the court below.

In light of the following circumstances, such as the reasoning of the court below duly admitted and investigated evidence, and the court below’s aforementioned determination is justified, and there was no error of law by misunderstanding of facts or misunderstanding of legal principles, which affected the conclusion of the judgment.

The defendant's ground of appeal on this part is without merit.

The victim is generally consistent from the investigative agency to the court of the court below, and first of all, the victim is faced with his body.