The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles have sexual intercourse with the victim by agreement, and the victim was not in a state of mental or physical loss or arbitrariability at the time of the instant case, and the defendant did not have the intent to quasi-rape, and the victim's statement, the only direct evidence concerning the instant facts charged, which is difficult to recognize credibility.

However, the court below found the victim's statement without credibility as evidence and found the defendant guilty of the facts charged in this case. Thus, the court below's decision contains errors of misunderstanding of facts and misunderstanding of legal principles.

B. The punishment sentenced by the lower court (two years and six months, etc. of imprisonment) is too unreasonable.

2. Determination

A. Article 299 of the Criminal Act provides that “A person who has sexual intercourse with another person by taking advantage of another person’s mental or physical loss or an impossible condition to resist” shall be punished.

Such a crime of quasi-rape is a legal interest that protects the right to sexual self-determination of a person who is unable to defend him/her due to mental or physical reasons. The right to sexual self-determination refers to the passive aspect that the right to sexual self-determination is the right to refuse the non-infinite sexual relationship (see Supreme Court Decision 2015Do9436, Aug. 27, 2020). In light of such legal interest, the term “mental or physical loss” referred to in the crime of quasi-rape refers to a situation in which normal response and adjustment ability and judgment ability cannot be exercised against his/her sexual act for reasons such as mental disorder or food disorder, etc., and the term “the state of non-infinitement” refers to cases in which psychological or physical resistance is absolutely impossible or considerably difficult due to reasons other than a reason for the balanced loss of body or body under Articles 297 and 298 of the Criminal Act (see Supreme Court Decision 2005Do9422, Feb. 23, 2006). 202