The Defendant raped a female by having sexual intercourse once with the victim, taking advantage of the victim’s in-depth state of difficulty to resist by drinking alcohol.

2. There was a fact that the defendant in the defense of the defendant had a sexual intercourse with the victim, but at the time of having a sexual intercourse with the victim, the victim did not have to resist.

3. Determination

A. According to the summary summary of the case, according to the defendant's legal statement, witness E, D, and F's legal statement, the following facts are acknowledged:

1 The victim at the end of August 2012, or

9. Around November 2012, 201, the victim came to know of the male-friendly appearance D of university F, and the victim introduced D with male around November 201, 2012, which led the victim to talking about the Defendant of high school-friendly appearance and showing the Defendant’s photograph.

2) On November 1, 2012, D, the Defendant and the Defendant promised to talk at Kimhae on December 1, 2012, and thereafter introduced the Defendant, and the Defendant and the Victim were to talk as in the day. 3) Defendant, D, and F, around December 23:20, 2012, the Defendant, D, and F were to drink 3 soldiers by drinking at “G restaurant” located in the victim’s home at the victim’s home.

4) Thereafter, around 01:40 on December 2, 2012, the Defendant, the victim, D, and F divided the stories and the stories that they drink 4-5 illness at the “H” drinking house located in the neighborhood. At around 05:40 on the same day, the Defendant, the victim, D, and F came from the said drinking house, and the victim called the “if he knows, she would be easier.” 5) The Defendant, the victim, the D, and F got a taxi at around 05:50 on the same day, and went to the house of D while the Defendant, the victim, and the victim went to the house of D and the victim first come from the convenience store, and the D and F came to the house of D and F after a certain distance from the Defendant and the victim.

6 D's house.