The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. Defendant 1) The victim was in a state of mental or physical loss or misunderstanding of the legal principles, or the defendant was aware of such state and used to have sexual intercourse with the victim.

The judgment of the court below which found the Defendant guilty of the facts charged in this case is erroneous in the misunderstanding of facts and legal principles.

2) The sentence of the lower court (two years of imprisonment, and forty hours of completion of sexual assault treatment programs) that is unfair for sentencing is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. On March 18, 2015, from around 21:00 to the next day 03:00 of the following day, the Defendant: (a) around March 18, 2015, the Defendant took the victim D (the age 21; hereinafter “victim”) who was a member of Dong-ri at the Dongdaemun-gu Seoul session with three times together with the victim D (the age 21; hereinafter “victim”) who was a member of Dong-ri at the same university during the same session of Dongdaemun-gu, Seoul, and went to Dongdaemun-gu, Seoul, where the victim’s residence was in the remaining physical and mental state of loss.

At around 03:40 on the same day, the defendant exceeded all the subordinates of the victim, and sexual intercourse with another victim who was on the body of the victim, by taking advantage of an influenced state of the victim, who was drunk in the victim's residence, and was under the victim's influence.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or non-refluence status.

B. 1) The lower court’s determination on the assertion of mistake of facts and misapprehension of the legal doctrine is based on the following circumstances that can be acknowledged by the evidence duly adopted and investigated: (i) in the investigative agency and the court of the lower court, the victim, at the time of the investigation agency and the court of the lower court, i.e., (i) took a significant amount of drinking at the time of the club of the instant case, and (ii) took a third-party drinking at all the time, and (iii) took a toilet after the rest of the toilet. While the following day, the Plaintiff was suffering from the bar and panty; (iv) there was the same suspension as galking, and there was a door to open the Pyeongtaek toilet.