All appeals by the defendant and the prosecutor are dismissed.

An applicant for compensation shall be dismissed.

1. Summary of grounds for appeal;

A. Defendant: The Defendant, misunderstanding of facts, agreed with the victim to have a sexual intercourse, and at that time, the victim was not in a drunken state.

Although the court below found the defendant guilty of the facts charged, there is an error of law by misunderstanding the facts and affecting the judgment.

B. The prosecutor 1) The victim misunderstanding the fact is why the height is 146 cm and the body body is 35 km.

Each related person of the telecom and the main place shall be deemed to have been the victim.

was stated.

Therefore, the part of the charge that the defendant recognized that the victim is a juvenile is sufficiently proven.

However, the court below erred by misunderstanding the fact that there is no proof of criminal facts as to this part of the facts charged and thereby affecting the conclusion of the judgment.

2) The sentence of the lower court that is unfair in sentencing (two years of imprisonment, and completion of 80 hours of sexual assault treatment programs) is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, Article 299 of the Criminal Act provides that “A person who has sexual intercourse or commits indecent act by taking advantage of a person’s mental or physical loss or resistance impossible condition shall be punished in accordance with Articles 297, 297-2 and 298 of the Criminal Act.

"........"

In this context, “the state of resistance” refers to cases where psychological or physical resistance is absolutely impossible or substantially difficult, because of reasons other than the loss of body or body in balance with Articles 297, 297-2, and 298 of the Criminal Act (see, e.g., Supreme Court Decisions 98Do3257, May 26, 2000; 2012Do2631, Jun. 28, 2012). According to the evidence duly adopted and investigated by the court below, various facts and circumstances recognized by the reasoning of the court below are sufficiently acceptable, and there are additional circumstances as follows.

Examining these facts in light of the above legal principles, the defendant is psychologically or psychologically in the sexual act of the defendant under the influence of alcohol.