The judgment below

The guilty part of the defendant's case is reversed.

A defendant shall be punished by imprisonment for one year.

(b) the defendant;

According to the evidence submitted by the prosecutor claiming the misunderstanding of the gist of the grounds for appeal, the victim L was in a difficult situation to resist or resist to the extent that it is impossible to exercise his/her right to sexual self-determination at the time of the instant crime, and the Defendant and the person requesting an attachment order (hereinafter referred to as the “Defendant”) are aware of such circumstances and made a sexual intercourse against the victim’s will by using it.

Nevertheless, the judgment of the court below which acquitted the charged facts of this portion is erroneous in the misapprehension of facts and affected the conclusion of the judgment.

The sentence of the lower court (one year and six months of imprisonment, 80 hours of completing a sexual assault treatment program, and 3 years of disclosure notice) that is unfair to the extent that it is too uneasible.

Defendant

The sentence of the court below is too unreasonable.

Judgment

As to the prosecutor’s assertion of mistake as to the acquittal portion of the Defendant’s case, the lower court, without reasonable doubt, proven that the evidence submitted by the prosecutor alone, based on the Defendant’s partial statement, L’s statement, and M dialogue between the Defendant and L, had a mental disorder to the extent that L does not exercise his right to sexual self-determination, the Defendant recognized and used L’s mental disorder, having lost his mental or physical loss or resistance, or having committed an indecent act by the Defendant using it.

It is difficult to see

The decision was determined.

In addition to the following circumstances acknowledged by the court below, the court below's decision that found the defendant not guilty of the facts charged of this case based on the evidence judgment as above is just, and there is an error of law that affected the conclusion of the judgment by misunderstanding the facts as pointed out by the prosecutor of the court below.

It does not seem that it does not appear.

Therefore, prosecutor's assertion of mistake is without merit.

(1)