The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. It is difficult to recognize the credibility of the victim’s statement by mistake of facts and misapprehension of legal principles, and it is difficult to view that the victim was in a state of failing to resist at

In addition, it cannot be deemed that the defendant had the intention of quasi-rape to have sexual intercourse with the victim by taking advantage of the victim's state of impossibility to resist.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and erroneous.

B. The lower court’s sentencing is too unreasonable and unfair.

2. Determination

A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, the lower court also asserted the same purport as the grounds for appeal in this part. In this regard, the lower court acknowledged the credibility of the victim’s statement as stated in its reasoning, and, inasmuch as the Defendant was aware that the victim was in a state of failing to resist at the time of the instant case, and the victim was in a state of failing to resist, the Defendant had the intent to have sexual intercourse with the victim using such state, and thus, rejected the Defendant’s assertion and convicted the Defendant of the instant facts charged. 2) In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court’s determination of the lower court is reasonable and acceptable.

Therefore, the defendant's assertion of mistake and misunderstanding of legal principles is without merit.

(1) The reasonableness and objective reasonableness of the statement made by a victim are recognized, and the victim shall be up to the investigation agency and the court of original instance.