The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since the Defendant thought that the victim had consented at the time of the sexual intercourse and continued the sexual relationship, there was no intention to engage in sexual intercourse by taking advantage of the victim’s mental disorder or the state of impossible failure.

B. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the lower court recognized the entire facts charged in this case, and the lower court convicted the Defendant of the facts charged in accordance with the evidence indicated in the judgment including the Defendant’

In comparison with the relevant legal principles and evidence, a thorough examination of the judgment of the court below is conducted, and considering the following facts and circumstances revealed by the evidence duly admitted and investigated by the court below and the court below, the defendant can be found to have sexual intercourse with the victim by taking advantage of his status with the knowledge that the victim was under the influence of alcohol at the time of the occurrence of the instant case, and the victim was in the state of mental or physical disability or

Therefore, the judgment of the court below to the same purport is just, and there is no error of law by misunderstanding facts as alleged by the defendant, which affected the judgment, and the defendant's assertion

1 Around the occurrence of the instant case, the Defendant and the victim had a relation to the sexual intercourse or its corresponding relationship.

No evidence exists to deem that the agreement was reached at the time of the occurrence of the instant case.

(1) The defendant and the victim shall be space between universities after the line thereof.

In 2017, the victim became aware of the defendant's membership in the Doide Doide, which the defendant was active, and even after the withdrawal of Dong Ri around September 2018, the victim met with the defendant, such as drinking boom or drinking drinking once a month.

However, it is the difference between the defendant and the victim who has a sexual sense beyond the dynamic line.