The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that, for a period of four years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. When committing the instant crime, the victim of mistake of facts did not have to resist due to the influence of alcohol.

Nevertheless, the court below found the defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

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

2. Determination

A. In full view of the following circumstances and relevant legal principles acknowledged by the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, the court below found the defendant guilty of the above facts charged on the ground that there is no reasonable doubt that the defendant had sexual intercourse with the victim who was unable to resist due to alcohol as stated in the facts charged in the instant case.

Therefore, this part of the defendant's argument is without merit.

1) The Defendant was led to the confession of the Defendant at the investigative agency and the lower court, which led to the conviction of the instant facts charged, and is dissatisfied with the victim’s failure to resist. Determination of the credibility of the confession ought to be made by taking into account all the circumstances, including whether the content of the confession statement itself has objectively rational, what is the motive or reason for the confession, what is the background leading up to the confession, and what is not contrary to or contradictory to the confession among circumstantial evidence other than the confession (see Supreme Court Decision 2013Do10277, Nov. 14, 2013). Such confession by the Defendant is objectively rational, and is consistent with the above confession. As such, the confession made by the Defendant at the investigative agency and the lower court on the facts charged of the instant case is credibility. 2) Whether the victim was drunk at the time of the instant crime, on the date of the occurrence of the instant case ①.