The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault against the defendant for forty hours.

1. Summary of grounds for appeal;

A. Defendant (misunderstanding of facts and legal principles) (1) around 08:00 on May 15, 2014, which was at the time of the occurrence of the instant case, the victim was not in a state of mental or physical loss or non-competence. On the same day, around 03:00 on the same day, the Defendant and the victim had sexual intercourse under the agreement and had sexual intercourse again at the time of the occurrence of the instant case. As such, the Defendant’s act does not constitute quasi-rape, and even without the agreement with the victim or the victim’s explicit consent at the time of the instant occurrence, the Defendant’s act did not constitute quasi-rape.

As can be seen, illegality is excluded, and (B) The defendant is erroneous that the victim gave consent to the sex relationship, and thus, constitutes a mistake of fact, and thus, the defendant does not have the intention of quasi-rape in accordance with Article 13 of the Criminal Act.

Therefore, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of misunderstanding of the facts and legal principles, the lower court found the Defendant guilty of the instant facts charged on the grounds that, in full view of the circumstances as indicated in its reasoning, the victim was in a state of mental and physical loss, the victim cannot be presumed to have consented to the sexual intercourse with the Defendant at the time of committing the instant crime, and the Defendant could sufficiently recognize the intent of quasi-rape.

(1) The crime of quasi-rape under the Criminal Act is established by having sexual intercourse with a person’s mental or physical loss or by taking advantage of a person’s condition of resistance, and is sexually unable to defend himself/herself due to mental and physical circumstances.