The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of quasi-rapeing rape among the facts charged of this case on the basis of the victim's statement without credibility. The court below erred in the misapprehension of legal principles or misapprehension of legal principles.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. The summary of the facts charged reveals that the Defendant, on December 31, 2014, performed alcoholic beverages at G Lcarecare located in Gangnam-gu Seoul Metropolitan Government (hereinafter the main points of this case), along with zors in G Lcare located in Gangnam-gu (hereinafter the main points of this case), and performed alcoholic beverages at the end of the year with zers and no body can be accumulated by the victim (the victim 31 years of age). At around 08:17, the Defendant, along with I, did so to the knick hotel located in Gangnam-gu Seoul Metropolitan City J (hereinafter the hotel of this case), taken the knick card of the victim's corporate bank located in the knick of the victim's household located in the knick (hereinafter the hotel of this case).

At the time of settling the passenger room fee and 309 the hotel of this case, the victim was sitting on the bed, but the victim was not sitting, and the victim was able to get back the bed, and the victim was fluorized in the state of personnel in a state of personnel in a state of personnel inequality by taking advantage of alcohol and water exemption, and was inserted into the entry of the victim's sexual organ into the bed.

As a result, the defendant used the victim's state of resistance impossibility to put the defendant's sexual organ into the victim's body body.

B. The lower court found the Defendant guilty of this part of the facts charged by comprehensively taking account of the adopted evidence.

(c)

Article 299 of the Criminal Act provides that a person who has sexual intercourse or commits an indecent act by taking advantage of a person’s mental or physical loss or incompetence from resistance shall be punished as the crime of rape, similar rape, or forced indecent act under Articles 297, 297-2, and 298.