The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of the instant crime by mistake of fact, the victim H was not in a state of resistance, and the Defendant was aware that sexual intercourse was conducted under the agreement with the victim, and thus, there was an intentional quasi-rape committed against the Defendant.

It is difficult to see it.

Nevertheless, the lower court erred by misapprehending the legal doctrine regarding the facts charged of this case.

B. The sentence of the lower court (two years and six months of imprisonment, and 80 hours of completion of sexual assault treatment programs) against an unfair defendant in sentencing is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court determined that the Defendant, at the time of the instant crime, was aware that the victim was in an incompetuous state at the time of committing the crime, and that the Defendant could sufficiently recognize the fact of having sexual intercourse with the victim with the intent of quasi-rape.

The decision was determined.

① The victim, at the investigative agency and the court of original instance, dices alcohol at the dynasium and the main point from September 26, 2016, the day immediately preceding the instant case.

The volume of Pyeongtaek is to the extent of injury caused by one week, and from the beginning, Mauritius continued to stop without having to go to the public.

Since then, the second and third-lanes continued to drink the second and third-lanes on the day of this case, which was September 27, 2016, the day of this case, 03:30 on September 27, 2016, and caused to find out the booms out of the main points, and there is no memory from that time.

피고인을 만 나 호텔로 가게 된 경위는 전혀 기억나지 않고, 잠시 눈을 떴을 때 피고인이 옷을 벗은 채 내 몸 위로 올라와 있어 피고인에게 ‘ 제가 좋아하는 스타일이 아니에요

“A person who is a body of a person,” and “A person who is a body of a person.

“Along with the honored memory.”

08:10 on the same day, he/she was married with clothes off in the hotel hotel room in a light of 08:10 on the same day.

“The record of evidence 27-29, 156-157, and trial records 109-113). The victim’s statement to the effect that it is “ ..........”