The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. As to the facts charged in the case of mistake of facts and misapprehension of legal principles, the Defendant did not commit an indecent act by taking advantage of the victim’s state of failing to resist as stated in this part of the facts charged, the lower court convicted the Defendant of this part of the facts charged. The lower court erred by misapprehending the legal doctrine and adversely affecting the conclusion

B. The sentence imposed by the lower court on the grounds that the sentence of unfair sentencing (eight months of imprisonment, forty hours of order to complete a sexual assault treatment program, five years of employment restriction order) is too unreasonable.

2. Determination on the grounds for appeal

A. Article 299 of the Criminal Act provides that a person who has sexual intercourse or indecent act by taking advantage of the person’s mental disorder or state of failing to resist shall be punished as the crime of rape or indecent act under Articles 297 and 298 of the Criminal Act.

Here, the state of impossibility to resist refers to the case where psychological or physical resistance is absolutely impossible or considerably difficult due to the reason other than the defect in accordance with Articles 297 and 298 of the Criminal Code.

(B) The probative value of evidence is left to a judge’s free evaluation, but such determination ought to be consistent with logical and empirical rules, and the degree of the formation of a conviction to be found guilty in a criminal trial is to the extent that there is no reasonable doubt. However, it is not required to exclude all possible doubts, and its rejection by causing a suspicion of having no reasonable grounds to believe that there is no probative value is beyond the bounds of the principle of free evaluation of evidence.

The main part of statements made by victims, etc. is consistent and inconsistent in light of empirical rule.