The defendant's appeal is dismissed.

The main point of the grounds for appeal is that the defendant who misleads the defendant as to the facts of appeal did not have sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or in an impossible situation, and the victim actively requested the defendant to refuse the sexual relationship and subsequently accepted the request of the victim for the first time.

If the victim is unable to completely memory a sexual relationship, it is only due to the symptoms of black (bekout) of a witness who loses his/her temporary memory due to his/her taking.

Even if the defendant had sexual intercourse with the victim at the time of the defendant's physical and mental loss or resistance, even if the victim was unable to resist, the defendant has sexual intercourse under the agreement at the time when he had sexual intercourse with the victim because he had sexual intercourse accurately with the victim.

I think that the victim was in a state of mental or physical loss or impossibility to resist;

It was remarkably impossible to think of it.

Therefore, the defendant did not have the intention of quasi-rape.

The punishment of the lower court (three years of imprisonment, 40 hours of completion of sexual assault treatment programs) is too unreasonable.

Judgment

(1) The court below's determination on the assertion of mistake is just in light of the facts and circumstances acknowledged by the court below according to the evidence duly adopted and investigated by the court below as to whether sexual intercourse was committed by taking advantage of the victim's mental and physical loss or resistance impossible condition. Further, according to the following circumstances acknowledged by the court below, the court below's determination is just and acceptable since the defendant had sexual intercourse with the victim who was in a state of mental and physical loss or resistance as stated

Therefore, this part of the defendant's argument is without merit.

① On March 3, 2017, from around 22:00 to around 15, 2017, the victim dump dumpeded one half of his own main volume, and dumpddddddd on the bump table from around 23:15 to around 01:30 on March 4, 2017.

The defendant is working in the victim, etc.