All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles only have sexual intercourse with the victim with the victim’s consent, and the Defendant did not have sexual intercourse with the victim by taking advantage of the victim’s mental or physical condition or the state of failing to resist. Nevertheless, the lower court convicted the Defendant of the facts charged in this case that the Defendant had sexual intercourse with the victim by taking advantage of the victim’s mental or physical condition. In so doing, the lower court erred by misapprehending the facts or misapprehending the legal principles of quasi-rape, thereby affecting the conclusion of the judgment. 2) Even if the Defendant’s act of unfair sentencing is found guilty, in light of the fact that the Defendant had no record of punishment prior to the instant case, and that the Defendant was deprived of his position as a public official of this case, the lower court’s imprisonment (two years and six months)

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, Article 299 of the Criminal Act provides that a person who has sexual intercourse or commits indecent act by taking advantage of his or her mental disorder or state of failing to resist shall be punished as the crime of rape or indecent act by compulsion under Articles 297 and 298 of the Criminal Act. The legal interest of the above crime is to protect the sexual self-determination of a person who is unable to defend himself or herself due to mental or physical circumstances (see, e.g., Supreme Court Decision 98Do3257, May 26, 2000). In light of the foregoing, the term “the state of mental disorder” as referred to in the above provision is “the state of mental disorder” in the above provision is unable to make a normal judgment on sexual acts due to mental disorder or consciousness, that is, the victim

The normal response ability and judgment ability can not be exercised due to the consumption of alcoholic beverages, etc.