The defendant's appeal is dismissed.

Summary of Grounds for Appeal

At the time of the instant case, the victim did not have been in the state of failing to resist, and even if so, the Defendant did not know this, and there was no intention of quasi-rape, and the Defendant did not add his sexual organ to the sound book of the victim. Nevertheless, the lower court erred by misapprehending the legal principles and misapprehending the legal principles.

A mentally ill-minded defendant was placed in a state of mental disability at the time of this case.

The punishment of the judgment of the court below on unreasonable sentencing (three years of imprisonment) is too unreasonable.

Judgment

In the judgment of the court below as to the assertion of mistake of facts and misapprehension of legal principles, the defendant argued to the purport similar to the above grounds for appeal, and the court below rejected the above argument by giving a detailed statement of the defendant's assertion and its judgment under the title "the judgment on the defendant's argument". The circumstances such as the reasoning duly adopted and examined by the court below are as follows: ① A third party, other than the defendant, was moving back to the victim at around 02:5 on July 27, 2014, and was 03:05, and the defendant went back to the above building at around 03:47, and entered the following parts of the building at around 04:02, around 04:03 and around 30 meters away from the above building, and again entered the building at around 04:04:04 and around 04:04, after purchasing the water , and the victim exceeded the above building at around 059:50 and around 405:50.04.

In light of the facts found, the victim can be sufficiently recognized at the time of the crime of this case that the victim was unable to resist, and ② The defendant was dysnick at the investigative agency on July 27, 2014 and 3 diseases of Macju at around 21:00.

(see Investigation Records No. 153), 500cc. c. s. l. s. l. l. (see Investigation Records No. 210).