The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Sexual assault against the defendant for forty hours.

1. Summary of grounds for appeal;

A. Defendant 1) The victim misunderstanding the facts was agreed upon and sexual intercourse with the Defendant at the time of locking, and thus, the victim’s statement about the damage did not have credibility, and the victim did not have any resistance at the time.

In addition, since the victim acted to the effect that he consented to the sex relationship with the defendant, there was no intention to quasi-rape.

However, the lower court erred by misapprehending the legal doctrine regarding the facts charged in the instant case.

2) The sentence sentenced by the lower court (two years of imprisonment, three years of suspended execution, etc.) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. 1) The lower court determined that, in full view of the following circumstances acknowledged by the evidence duly admitted and investigated, the Defendant had sexual intercourse with the victim with an opportunity to know that the victim was unable to resist due to her under the influence of alcohol.

① From the investigative agency to the court below’s trial, the victim continued to play in the club with H to the house of the Defendant through the frequency and main points of the Defendant. He/she arrived at the Defendant’s house to the extent to which he/she arrived at the house of the Defendant, and then, after the Defendant’s anti-retailing and reflects by lending the Defendant’s half-retailing sports and reflects, he/she sleep on the following floor.

In that sense, she was broken off by shea while she was sleeping his/her clothes, rhythizing his/her body, and she was sleeping with a sense of inserting a sexual organ into a part of the body.

Mananana was a part of her bet, but I was in the part of her bet, and at the time I was in the part of her bet, and the defendant was in the part of her bet like the victim's escape from the bet, and he was in the part of her suffering.