The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for two years.

Defendant

B. ..

Summary of Grounds for Appeal

Comprehensively taking account of the consistent statement made by the victim of the mistake of facts (as to the quasi-rape of the defendant A), the defendant can sufficiently recognize the fact of sexual intercourse with the victim, who was in the state of non-performance of alcohol at the time of the instant case (as at September 14, 2014, around 07:0).

Nevertheless, the court below, instead of rejecting the credibility of the victim's statement without reasonable grounds, found the defendant not guilty of this part of the facts charged on the ground that the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

The lower court’s sentence of unreasonable sentencing (as to the Defendant A: one year of imprisonment, two years of suspended sentence, two years of suspended sentence, three years of suspended sentence) is too uneasible and unfair.

Judgment

On September 14, 2014, around 07:00 on September 14, 2014, the summary of this part of the facts charged (the charge of quasi-rape against Defendant A) was sexual intercourse with the victim off and once by taking advantage of the victim, who was drunk, in the Lmotoel 401 room located in Dong-gu, Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, with the view of being unable to resist.

The lower court found the Defendant not guilty of this part of the facts charged on the grounds that there is no proof of crime, based on its stated reasoning.

The legal principles related to the judgment of the court (1) The crime of quasi-rape under the Criminal Act is established when a person has sexual intercourse by taking advantage of his or her mental or physical condition, and the protection of the right to sexual self-determination is to protect the person who is unable to defend himself or herself due to mental or physical condition.

In light of such legal interests and interests, the term “insane” referred to in the crime of quasi-rape refers to a state in which normal response ability and judgment ability cannot be exercised for one’s sexual act due to mental disorders, food disorders, etc.

In addition, Article 299 of the Criminal Code is a person.