The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

A request for the attachment order of this case.

1. Summary of grounds for appeal;

A. The victim of mistake of facts and misapprehension of legal principles did not have the state of mental disorder or impossibility to resist at the time of the instant sex relationship, and the Defendant and the person requesting the attachment order (hereinafter “Defendant”) did not have sexual intercourse with the victim by recognizing the victim’s mental disorder or failure to resist.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and erroneous.

B. The sentence imposed by the lower court (three years of imprisonment, etc.) is too unreasonable.

2. Determination of misconception of facts and misapprehension of legal principles as to the part of defendant's case

A. On October 26, 2016, at around 05:30 on October 26, 2016, the Defendant: (a) colored a female in a more fluorous fluoral path in the middle-gu, Daegu-gu, with the friendship B; (b) discovered D (n), victim C (n, 21 years of age) and accessed that “this is a fluorous, and it is a fluorous defect that performed the alcohol.”

Therefore, from October 26, 2016 to October 08:00 of the same day, the Defendant: (a) provided that “F located in Daegu Jung-gu E” liquor from around 06:00 to around 08:00 of the same day, while drinking alcohol together with B, victims, and D, and (b) provided that “I would create so from home” to the victim and D.

After that, the Defendant, between October 26, 2016 and October 10, 2016, used the victim’s home from around 08:00 to around 10:00, to have sexual intercourse twice with the victim by taking advantage of the victim’s state of failing to resist under the influence of alcohol

B. Article 299 of the relevant legal principles provides that a person who has sexual intercourse or commits indecent act by taking advantage of the condition of the person’s mental disorder or impossibility 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 refusal to resist is an absolute psychological or physical resistance due to reasons other than the mental disorder under Articles 297 and 298 of the Criminal Act.