The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Sexual assault against the defendant for forty hours.

1. The purport of the grounds for appeal was to escape from the light situation in which the victim did not resist due to sound at the time of the instant case.

The defendant tried to suppress the resistance, such as not putting the victim's grandchildren, even if he is off the victim's chest as soon as possible.

The victim clearly expressed his intention to refuse the sexual act, and the defendant had the intention to suppress the victim's resistance against the victim's will and sexually act against the victim's will.

Therefore, the judgment of the court below that acquitted the defendant, even if the facts charged in this case are fully recognized, is erroneous.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined, the lower court’s judgment: (a) based on the victim’s statement and the remaining evidence submitted by the prosecutor, proven that the Defendant had an intentional act of sexual intercourse against the victim’s intent against the victim; and (b) to the extent that there was no reasonable doubt that

It is difficult to see

The decision was determined.

① The Defendant and the victim naturally met through the introduction of D and F, and the victim consented to the appointment of the Defendant.

② The Defendant and the victim seem to have carried out a drinking game along with D and F and maintained a pet atmosphere of fire.

(3) When the defendant attempts to do so, the victim did not explicitly express his intention of refusal, or request D or F to assist.

The defendant could have accepted a conditional acceptance. The defendant would have accepted the word "Ara with the permission of the victim to become a son."

(4) When the defendant enters a room in which the victim is clothes, and attempts to do so by putting him on the wall, such as putting his breast on the wall, the victim did not immediately request the victim to sound or D or F to assist.

(5) A defendant;