The appeal is dismissed.

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, the starting time of the crime of quasi-rape should be deemed to be the time when the act that can be called a means of sexual intercourse with the intent to engage in sexual intercourse with the victim's mental disorder or the state of failing to resist.

(See Supreme Court Decision 9Do5187 delivered on January 14, 2000). According to the reasoning of the lower judgment and the record, the Defendant is aware of the fact that, under the influence of alcohol, the Defendant was off from the inner part of the victim who was diving in the telecom, and the victim was broken off or suspended.

Thus, the defendant's act of exceeding the victim's inner part shall be deemed to have commenced the act of acting as a means of sexual intercourse with the intent of sexual intercourse, and shall be deemed to have commenced the commission of the crime of quasi-rape.

Therefore, this part of the ground of appeal on a different premise is rejected.

2. On the remaining grounds of appeal, the lower court found the Defendant guilty of the facts charged on the ground that the Defendant, while knowing that the victim was a child or juvenile, was trying to have sexual intercourse with the victim by taking advantage of the victim’s mental or physical disorder or non-fluence state

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the above determination by the court below is just, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the facts against the rules of evidence or by misapprehending the legal principles

3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.