The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, such as misunderstanding the facts, committed a sexual intercourse with the victim by an agreement with the victim, and the victim did not have any mental or physical loss at the time of the instant case. The victim’s statement, the only direct evidence concerning the facts charged of the instant case, is not consistent with the circumstances before and after the crime, response of the victim at the time of the instant case, etc.

However, the court below found the defendant guilty of the facts charged of this case by the victim's statement without credibility as above. The court below erred by misunderstanding facts and misunderstanding of legal principles.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. Article 299 of the Criminal Act provides that a person who has sexual intercourse or indecent act by taking advantage of a person’s mental or physical loss or the state of impossibility to resist, shall be punished as the crime of rape or indecent act under Articles 297 and 298 of the same Act. Thus, the crime of rape under the Criminal Act provides that the right to sexual self-determination of a person who is unable to defend himself/herself due to mental and physical circumstances shall be protected as a legal interest.

In light of such legal interests, the term "mental or physical loss" referred to in the quasi-rape of rape means a situation in which one cannot exercise his/her normal response ability and judgment ability against his/her sexual act due to mental disorders or food disorders, etc., and the term "a state of impossibility of resistance" means a situation in which psychological or physical resistance is absolutely impossible or considerably difficult because of reasons other than loss of mental or physical harm in balance with Articles 297 and 298 of the Criminal Act (see Supreme Court Decisions 76Do3673, Dec. 14, 1976; 98Do3257, May 26, 200; 2009Do201, April 23, 2009; 201, March 28, 2019).