The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Sexual assault against the defendant for 80 hours.

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal doctrine regarding the mistake of facts, even though the Defendant did not have intentionally or negligently commenced the commission of quasi-rape.

B. The judgment of the court below which did not reflect the above even though the defendant was in the state of mental disorder or mental disability at the time of the crime of this case, is improper.

The judgment of the court below which did not legally mitigate the defendant for the reason of attempted discontinuance, even though he voluntarily discontinued the crime.

C. The sentence of the judgment of the court below on unreasonable sentencing (five years of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following facts and circumstances recognized by the evidence duly adopted and investigated, the lower court determined that the Defendant commenced the commission of the crime of quasi-rape, starting with the conduct that the Defendant was the means of sexual intercourse with the victim’s intent to have sexual intercourse by taking advantage of the victim’s state of failing to resist. ① The Defendant was off the victim’s will and panty, and was on the part of the victim, who was suffering from her panty and panty. ② The Defendant was on the part of the victim. ② During the prosecution’s investigation, the Defendant stated in the prosecutor’s office that “The Defendant: (a) the Defendant was trying to commit rape by the victim who was diving, she was out of her clothes and panty; (b) the victim was broken off; (c) the victim was frightd by the victim’s body because the victim was not broken in the lock; and (d) the Defendant was sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually ill.

④ 피해자는 "특별한 느낌이 없이 잠에서 깼는데 위에 피고인이 엎드려 있었다.

자신이 바로 누워서 눈을 떴을 때 자신의 왼쪽 위로 피고인 머리의...