2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

around 00:00 on April 14, 2016, the Defendant indicted a prosecutor who has lost his mind and body under the influence of alcohol in a “Del” numberless room located in Mapo-gu Seoul Metropolitan Government, as “non-surbing”, but is in a state of resistance impossibility as provided for in Article 299 of the Criminal Act.

Article 297 and Article 298 of the Criminal Act refer to cases where psychological or physical resistance is absolutely impossible or considerably difficult due to reasons other than loss of mental or physical nature (see, e.g., Supreme Court Decisions 98Do3257, May 26, 2000; 2012Do2631, Jun. 28, 2012). For example, in cases where a person is sealed in the face of fear due to danger to the life or body, or in cases where the body cannot move out due to the combination of hands, and the state of mental or physical loss is not a situation where it is impossible to resist the victim’s drinking, such as the instant case, but a state of mental or physical loss.

I would like to say.

As there is no disadvantage to the defendant's exercise of his/her right to defense, the "non-performance of defense" is recognized by changing the "non-performance of defense" to "non-performance of mental

They exceeded all clothes of victim E in the state, and detained the chest by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The defendant, while the police statement protocol against E, did not contain the victim's chest;

The argument is asserted.

The above investigative agencies and court statements of the victim E are consistent in the main part, the statements about surrounding circumstances are consistent with the defendant's statements, and in particular, it is not easy to memory at the time.

The part that a person, who was in the telecom, she was found to be in charge of the chest of the defendant, who was off his clothes, and the part that the defendant was found to have her chestd as a case of the victim is clearly stated. The defendant is waiting for the victim's her husband, waiting for the victim's husband, or actively waiting for her husband.