The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault, 40 hours against the defendant.

1. Summary of grounds for appeal;

A. According to the statement of the victim of mistake of facts (not guilty part of the judgment of the lower court), it is recognized that the defendant has sexual intercourse with the victim by taking advantage of the victim's state of inability to resist, as stated in this part

Therefore, the judgment of the court below which rejected the credibility of relevant evidence without reasonable grounds and acquitted the facts charged is erroneous in the misconception of facts.

B. The lower court’s sentence of unreasonable sentencing (three million won of a fine) is unreasonable as it is excessively unhutiled.

2. Judgment on the assertion of mistake of facts

A. The summary of this part of the facts charged reveals that, around 09:00 on September 8, 2018, the Defendant, at the same time, the E-gu, Sincheon-dong, Sincheon-gu, Sincheon-gu, would drink alcoholic beverages at the mother, and accepted it, and entered the said E- into the Felb Felel’s ster, but the Defendant discovered that the victim G (a person, fel, 16 years of age) was marbly married while drunkly drinking, and had sexual intercourse with the victim by taking advantage of the difference in which the felb with the victim.

Accordingly, the Defendant, while under the influence of alcohol, frightened the chest of the victim, cut off the victim's panty and panty, cut off the victim's sexual organ by putting the victim's upper body into the victim's inner body, putting the victim's sexual organ rapidly into the victim's inner body, and inserted the Defendant's sexual organ into the part of the victim's sexual organ.

As a result, the defendant raped the victim by taking advantage of the victim's failure to resist.

B. The lower court determined that the Defendant did not regard the victim as having discussed in light of the following circumstances, i.e., (i) the Defendant had been entering the instant guest room after the Defendant had no longer drinking alcohol in the instant guest room; and (ii) the Defendant continued to dance with the victim.