All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant: The sentence of the lower court (eight months of imprisonment) is too heavy.

B. A prosecutor 1) Although the facts charged of quasi-rape could be fully acknowledged according to the evidence submitted by the prosecutor, the lower court acquitted the Defendant. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2) The sentence of the lower court is too minor.

2. Determination

A. The lower court, based on the evidence adopted by the prosecutor’s assertion of mistake of facts, acknowledged the facts as indicated in its reasoning, and deemed that the Defendant’s statement as to the circumstance during which the sexual intercourse was sexually consistent and specific, and the victim talks with the Defendant at the time of the victim’s movement to the telecom, and was under the influence of alcohol to the extent that it was impossible for the victim to express his/her intent at

In full view of the fact that it is difficult to readily conclude that the victim’s sexual intercourse differs from the ordinary method of conduct seen by the victim, and the Defendant’s act also is difficult to view that the victim’s sexual intercourse was an ordinary method of conduct by which the victim can be seen as having committed the crime of quasi-rape, the evidence submitted by the prosecutor alone proves that the victimized person was in a state of mental and physical loss or resistance at the time of performing the sexual intercourse with the Defendant, and that the Defendant had the intent to engage in sexual intercourse by recognizing the victim’s status,

It is difficult to see

The decision was determined.

In full view of the evidence duly adopted and examined by the court below and the court below, the judgment of the court below is just and acceptable, and there is an error by mistake of fact and thereby affecting the conclusion of the judgment.

subsection (b) of this section.

B. Determination of unfair sentencing by the Defendant and the Prosecutor is based on the statutory penalty, and the sentencing stipulated in Article 51 of the Criminal Act is based on the statutory penalty.