2. Determination

A. The summary of the facts charged is that the Defendant is a person who works as an entertainment business proprietor.

On February 16, 2014, the Defendant, along with F (L, 27 years of age), G (28 years of age), H (31 years of age) and Victim I (L, 26 years of age) who is a workplace guide, dice to drink alcohol.

On February 17, 2014, at around 05:00, the Defendant discovered the victim who was under drinking alcohol and water exemption in the family Jpenta, and exceeded, and had sexual intercourse once with the Defendant.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or impossible condition.

B. The lower court found the Defendant not guilty of the facts charged in the instant case on the ground that the victim’s statement, which corresponds to the fact that the Defendant had sexual intercourse against the victim’s will by taking advantage of the victim’s state of refusal to resist, does not appear to have proved to the extent that the victim was in a state of refusal to resist, without any reasonable doubt, under the title of “whether the victim was in a state of mental or physical disability or to resist at the time of the said sexual intercourse.”

In full view of the following circumstances admitted by the record, the above determination by the court below is just and there is no illegality that affected the conclusion of the judgment by misunderstanding the facts as alleged by the prosecutor.

(1) The victim shall have the right to remain pent before having a sex relation.