The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the judgment below in light of the evidence duly admitted by the court below, it is just to find the changed facts charged in this case guilty on the grounds as stated in the judgment below. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles on "defensive act" under Article 8-2 (5) of the former Act on the Punishment, etc. of Sexual Crimes and Protection of Victims Thereof (amended by Act No. 10258 of Apr. 15, 2010) as the enactment of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes by Act No. 10258, Apr. 15, 2010).

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.