The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Sexual assault against the defendant for 80 hours.

1. Summary of grounds for appeal;

A. The judgment of the court below which found the Defendant guilty of the facts charged in this case, in spite of the fact-finding that the victim did not have a state of inability to resist at the time of the instant case, and that the Defendant had sexual intercourse with the victim.

B. As to the punishment sentenced by the court below (the defendant and the prosecutor), the defendant asserts that the defendant's imprisonment (the 2 years of imprisonment and the 4 years of suspended execution in June, the 120 hours of sexual assault treatment lectures, community service 200 hours, and the 4 years of employment restriction) is too unreasonable, and the prosecutor argues that the defendant is too uneasible and unfair.

2. Determination

A. The court below rejected the defendant's argument in detail on the grounds of appeal Nos. 4-6 of the judgment by asserting that the defendant's argument is the same as that of this part of the judgment of the court below. The court below rejected the defendant's argument in detail. The circumstances of the court below are as follows: ① the defendant under investigation by the prosecutor's office, namely, under the following circumstances acknowledged by the evidence duly adopted and investigated by the court below: (i) the defendant made a statement that "I am a victim while drinking at the drinking house before this case and drinking house and drinking house, I would like to see that I would like to go well with the victim, and even if I would like to go well (38 pages of evidence records)." Even according to the defendant's statement above, the victim was under the influence of alcohol to the extent that the body of the victim cannot be divided at the time, ② the victim could not walk properly by drinking, or the victim was in a state of sexual intercourse on the day when the victim could exercise his ability to act in this case.