The judgment below

The part of the case of the defendant is reversed.

Defendant shall be punished by a fine of three million won.

The defendant above.

1. Summary of grounds for appeal;

A. Defendant and the person against whom the attachment order was requested (hereinafter referred to as “Defendant”) 1 and misunderstanding of legal principles (the guilty part of the lower judgment) (hereinafter referred to as “Defendant 1), the Defendant did not have sexual intercourse with the victim at the time when the victim was under the influence of alcohol and did not have sexual intercourse with the victim at the time when the victim was in the habitual condition, and the first sexual relationship with the victim was under the agreement of the victim. If the Defendant raped the victim at the victim’s request, the victim did not even have been able to help the H immediately next, and even when H reported the Defendant to the police, the lower court found the Defendant guilty of the charges by misunderstanding the fact that the sexual relationship was committed under an implicit agreement with the victim who could make a decision at a certain level, and that the Defendant did not have sexual intercourse with the victim, and thus, did not constitute an unfair sentencing relationship with the Defendant for the same purpose as the Defendant’s crime of quasi-rape on the condition that he did not constitute the crime of quasi-rape on the part of the victim.

B. Prosecutor 1) misunderstanding of facts and misapprehension of legal principles (the part not guilty of the lower judgment was under the influence of the victim at the time of the second sexual intercourse with the victim, and the victim at the time was under the influence of alcohol and several mads with the Defendant.