1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for two years;

3.Provided, That it shall be for three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. misunderstanding of facts: (a) The defendant, while drinking alcohol at a restaurant before the victim and E and the Mael at the time of the instant case, indicated the victim’s “Isle and age.” and (b) the victim made the victim’s attempt to do so more and more, and the victim made the payment for the expenses for the Maurbur accommodation. (c) The defendant first left the Maurbur, despite the victim’s intention to do so in the Maurbur, but he met with E; (d) when the defendant puts shower at the bath room inside the Maurburbur, the victim closed down the her bath room and ma; and (v) the defendant was a person who was frighten from the floor of the Maurburbur, but the victim did not have any implied relation with the victim, even if the victim did not have implicitly agreed to do so, in light of the fact that the victim did not have any relation with the victim at the time that the victim did not have been under the consent of the victim.

B. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disorder or mental disability.

C. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant also asserted the same purport as the grounds for appeal in this part, and the lower court comprehensively considered the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the Defendant is unable to resist the victim at the time of the instant case.