At around 07:00 on September 18, 2019, the Defendant inserted his gender into the sound book of the victim who was able to resist by taking care of and resisting to the hotel E in Seocho-gu Seoul, Seocho-gu.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical state of difficulty.

2. Determination

A. The relevant legal doctrine 1) The Criminal Act, which is not a method of assault or intimidation, punishs a criminal act of having sexual intercourse by taking advantage of the mental disorder or the state of failing to resist, and thus, the intent of quasi-rape refers to the intent of the court to recognize the possibility that the victim has a state of mental disorder or failing to resist, and the possibility of occurrence of the constituent consequence of sexual intercourse by taking advantage of such state (see, e.g., Supreme Court en banc Decision 2018Do16002, Mar. 28, 2019). 2) In a case where the criminal defendant denies the criminal intent, which is a subjective element of the constituent element of the crime, the criminal intent itself cannot be objectively proven, and therefore, it is inevitable to prove it by means of proving indirect facts

In this case, the determination of what is the relevant indirect or circumstantial facts should be based on normal empirical rule and should be based on a reasonable method to reasonably determine the link of facts with the detailed observation or analysis power.

(see Supreme Court en banc Decision 2018Do16002, Mar. 28, 2019). 3 criminal trials provide evidence of probative value that leads a judge to the conviction that the facts charged are true beyond a reasonable doubt.