The defendant's appeal is dismissed.

1. Summary of grounds for appeal by the defendant;

A. The victim of mistake of facts and misunderstanding of legal principles have been aware of the fact that the victim is under the influence of alcohol, but was engaged in sexual intercourse with someone else, so the victim did not reach the state of mental disorder and became sexual intercourse under the agreement with the defendant according to free will.

Even if the victim was in a state of mental disorder, in light of the sex at the time of and before, there was no intention of quasi-rape to recognize the state of mental disorder of the victim and to have sexual intercourse with the victim.

B. The sentence imposed by the lower court (four years of imprisonment) is too unreasonable.

2. Determination

A. 1) The lower court’s determination on the assertion of mistake of facts and misapprehension of legal doctrine reveals the meaning of the defect in the crime of quasi-rape and the credibility of the victim’s statement. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court convicted the Defendant of the facts charged in this case on the ground that the Defendant may have sexual intercourse by taking advantage of the victim’s mental condition, such as under the influence of alcohol, and by taking advantage of the evidence duly adopted and investigated. The reasoning of the lower judgment is reconsumed and reconsumed. (1) The victim, who was the preceding day of the instant case, 17:00 to 18:00, 18:00, 22:00, 23:00 on October 28, 2018, 200 to 20:3:0,000 on the same day, 3:0,0000 or more of the victim’s son’s son’s disease and son’s son.