All appeals by the defendant and the prosecutor are dismissed.

1. Judgment on the Defendant’s assertion of mistake of facts

A. In relation to the alleged quasi-rape, the Defendant had sexual intercourse with the victim’s consent. Even if the victim was in a state of mental or physical loss, the Defendant did not have an intent to engage in sexual intercourse by taking advantage of the victim’s mental or physical loss.

In relation to the embezzlement of possession, there was no intention of illegal acquisition since the defendant was kept in custody for returning handphones, bags, etc. of the victim.

B. In a case where there are no new objective grounds that could affect the formation of a conviction in the appellate trial’s trial process, and there are no reasonable grounds to believe that the determination of a conviction in the first instance was clearly erroneous, or that the argument leading to the acknowledgement of facts is remarkably unfair due to the violation of logical and empirical rules, the determination on the recognition of facts in the first instance deliberation shall not be allowed without permission (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). Although the Defendant asserted the same purport in the lower court, the lower court found the Defendant guilty of this part of the facts charged on the grounds of the detailed circumstances in the “judgment on the assertion of the Defendant and his/her defense counsel” based on the comprehensive consideration of the adopted evidence.

There is no reasonable reason to deem that the judgment of the court below was clearly erroneous in the examination of evidence or that the argument leading to the acknowledgement of facts is considerably unfair due to the violation of logical and empirical rules.

In addition, there is no new objective reason to affect the formation of evidence in the trial process of one court.

This part of the judgment of the court below is justified.

Defendant’s assertion is not accepted.

2. Judgment on the prosecutor's assertion of mistake of facts (the part not guilty of grounds)

A. According to the evidence presented, the victim’s marbly maids by quasi-rape of the instant case.