The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, the above punishment shall be imposed for five years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

가. 사실 오인( 피고인) 성관계 전후에 피해자가 보인 태도 등에 비추어 볼 때 피고인은 피해자가 술에서 깼을 것이라고 생각하고 자신과의 성관계를 원한다고 확신하여 피해자와 성관계를 가진 것이지, 피해자의 항거 불능 상태를 이용하여 간음한 것이 아니다.

B. The sentencing of the court below (the defendant, the prosecutor) is unfair (the completion of a sexual assault treatment program for 3 years and 40 hours of imprisonment) because it is too unreasonable (the defendant). On the contrary, the above sentencing is too unfluent and unfair (the prosecutor). 2.

A. As to the Defendant’s assertion of mistake of facts, the lower court’s determination on the grounds that the Defendant appealed in the trial is not included in the judgment of the lower court.

However, various circumstances acknowledged by the court below and the court below's duly adopted and investigated by the evidence, namely, the fact that the victim had lost his mind under the influence of alcohol at the time of the case in the police investigation and the prosecutor's office, and the police officer of the same person who was present in the form of a series of times in the police investigation, did not seem to have any such form as the victim took part in the police investigation and had no mind.

According to the statement, according to the voice file recorded in the black box on the victim's vehicle, the victim's "any other person who is on the part of the victim";

Doctrine taken by this kind

In full view of the fact that the cross-ruptures, etc. were confirmed, and that the Defendant, immediately after the commission of the crime, committed an act to remove the mergial card, and sent E.S. message to the victim after the occurrence of the crime, the Defendant was guilty that the victim was in an impossible state at the time of committing the crime, and the Defendant was guilty of quasi-rapeing with the victim with the intent to commit the crime under the recognition of such circumstances.