준강간
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The summary of the facts charged is the friendship of D (ma, 24 years old) running a mobile phone store in Jeju-si, and the victim E (ma, 22 years old, and Chinese nationality) as a student of the Korean language of the F University in Jeju-do, and as a student of the same school-friendly G (ma, 22 years old, and Chinese nationality), the Defendant visited the aforementioned mobile phone store as a customer, and became aware of the same relationship with D.
On November 23, 2013, the Defendant had been playing in D with the victim at the proposal of D, Jeju, where G resided with the victim.
At this point, the Defendant, along with the victim, and D and G, had a drinking place by playing a game for drinking alcohol with each other. From around 00:00 on November 24, 2013 to 01:00 on the same day, the Defendant did not properly hold the body of the victim under the influence of alcohol between 0:0,00, and entered the above room room with the victim under the pretext of helping the victim to talk, and entered the above room with the victim under the pretext of helping the victim to talk, and then without properly pay attention to the victim’s sexual desire to have sexual intercourse with the victim, and inserted the Defendant’s sexual organ into the part of the victim’s drinking part.
Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental condition.
2. The gist of the defendant's and his defense counsel's assertion was naturally sexual intercourse while making physical contact with the victim. At the time of sexual intercourse, the victim was not in the state of loss of mind or failing to resist.
3. Determination
A. The key issue of the instant case is ① (a) whether the victim was in a state of mental disorder or non-performance of ability to resist due to the influence of alcohol at the time when the Defendant and the victim had a sexual intercourse, and (b) whether the Defendant was aware of such state and intended to have sexual intercourse.
B. A public prosecution has been instituted in a criminal trial on relevant legal principles.