The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Sexual assault, 40 hours against the defendant.

1. Considering the summary of the grounds for appeal in light of the victim D (the age of 16) and I’s statement, etc., it is reasonable to view that the Defendant had sexual intercourse with a victim who has been unable to resist.

2. The facts charged in this case and the judgment of the court below

A. The Defendant, who is a child or juvenile, had an appraisal of the facts charged in the instant case, to the extent that he/she is well-known with the victim who is a child or juvenile.

Around 22:00 on February 22, 2013, the Defendant, while drinking alcohol with the victim from “F” located in Ma on Ma, she saw the victim from “Hmoto” located in G at 01:00 on the 23th day of the same month and around 01:00 on the 23th day of the same month, and her body cannot normally express her opinion, such as her body being bread by drinking so that the victim cannot be seen properly and her body cannot be seen as her body with her own will, she off the body of the victim, off the body of the victim, off the body of the victim, and took off the part of the victim’s clothes. The Defendant, by hand, she fladd the victim’s chest and the part of the victim, and she added the Defendant’s sexual organ into the part of the victim, had sexual intercourse with the victim.

As a result, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

B. The lower court’s judgment: (a) based on the facts presented by the prosecutor, the evidence submitted by the prosecutor alone was insufficient to resist at the time when taking into account the victim’s behavior; (b) the Defendant’s act viewing the victim as the victim; (c) the Defendant

The defendant was found not guilty on the ground that it is difficult to regard the defendant as having sexual intercourse.

3. Judgment of the appellate court

A. The key issue asserts that the Defendant attempted to have sexual intercourse or sexual intercourse three times in agreement with the victim.

In conclusion, in the instant case, the victim’s statement, the only direct evidence that can be found guilty, can be believed, and whether the victim was in a state of failing to resist at the time, the victim is unable to resist.