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. Defendant 1) The Defendant alleged a misunderstanding of the facts or misapprehension of the legal doctrine merely had sexual intercourse with the victim’s consent, and there was no criminal intent that the victim was in a state of mental or physical loss or resistance under the influence of alcohol, or that the Defendant had sexual intercourse with the victim by using it.

2) The sentence of the lower court’s sentence (two years and six months, etc.) that declared unfair in sentencing is too unreasonable.

B. Prosecutor 1) The sentence of the lower court’s argument that the sentencing is unfair is too uneasible and unfair.

2) There are special circumstances in which disclosure of personal information against the Defendant is not subject to unfair grounds for exemption from disclosure disclosure disclosure order.

It is unreasonable for the court below to exempt it, although it cannot be seen.

2. Determination

A. 1) In light of the following circumstances acknowledged by the evidence duly admitted and investigated, the lower court’s determination on the Defendant’s assertion of misunderstanding the facts or misapprehension of the legal doctrine, the victim’s statement that he/she suffered sexual intercourse from the Defendant under the influence of alcohol, as stated in its reasoning, can be sufficiently reliable, and the Defendant’s crime of this case can be acknowledged.

The decision was determined.

A) From the investigative agency to the court of the court below, the injured party was able to sleep in the telecom with the Defendant in a considerable situation, such as having discussed several times of drinking with the Defendant at the time of the judgment of the court below. However, notwithstanding the anti-paragraph, the Defendant stated that he had sexual intercourse with himself by force, etc., as stated in the judgment of the court below, and made a significant detailed statement on the acts as stated in the judgment of the court below, the state of the injured party at the time of the injury, and the contents of

B) After the victim suffered damage from the Defendant, the victim talked about the fact of damage as stated in the judgment of the court below to the pro-Japanese G, and reported it to the police immediately following the day with the G's advice.

The details of the above reporting by the victim.