The defendant's appeal is dismissed.

Summary of Grounds for Appeal

Although there was a fact of misunderstanding of facts or misunderstanding of legal principles about sexual intercourse with a victim under the influence of alcohol, the defendant did not make assault or intimidation to the extent that it would make it impossible or considerably difficult to resist the victim, and the defendant's act in this case was naturally conducted in such a situation that the consent of the victim was obtained or at least when it could be sufficiently mistaken that the victim consented, and thus, the court below convicted the defendant of the facts charged in this case by misunderstanding of facts or misunderstanding of legal principles as to the degree of proof of facts charged in a criminal case

The sentence imposed by the court below on the defendant (two years and six months of imprisonment, three years of suspended execution, etc.) is too unreasonable.

Judgment

In the judgment of the court below on the assertion of mistake of facts or misapprehension of legal principles, the defendant argued the same purport as the above reasons for appeal, and the court below rejected the above argument by giving a detailed statement on the defendant's argument in the fourth through sixth of the judgment. The court below's detailed circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., the following circumstances acknowledged by the court below, i.e., (i) under the circumstances as follows, where D, which had been drinking at the time of this case, would be able to drink, and the defendant would not have a traffic at the time of returning to Incheon, and the defendant would not have a traffic at the same time. The defendant, who had been in a remote progress as the victim, had to go more, and therefore, the defendant would be able to make a statement on the victim's grounds that he was able to obtain sufficient reimbursement, and the victim's statement on the circumstances that he was able to drink with the defendant and the victim's sexual intercourse at the time of this case, and it is difficult to see the victim's sexual intercourse with the past.