A. At around 05:30 on July 4, 2015, the Defendant discovered the victim E (tentative name, leisure, 34 years of age) at the entrance of the DN club located in Dongdaemun-gu Seoul, Dongdaemun-gu, and proposed the victim to drink the alcohol together with the victim. Upon the victim’s consent, the victim moved to a “H restaurant” where the Defendant in Egu F and the victim and the Defendant in G in the Gyeonggi-gu, Namyang-gu, would drink the alcohol at the same time, and continue to drink the alcohol by moving to a “H restaurant” where she works as Yari-si, and drinking the alcohol with F and the victim, around 07:50 on the same day.

At around 10:00 on the same day, F had a mind to have sexual intercourse with the victim when the victim was unable to take the body under the influence of alcohol, and exceeded all clothes of the victim who was unable to resist, and had sexual intercourse with the victim's sexual organ, which was prompt and discovered, by inserting the victim's chest into the negative part of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

B. At around 11:00 on July 4, 2015, the Defendant detained the victim for about 1:30 minutes from around 12:30 on the same day in a manner that: (a) the victim E was deprived of his/her shoulder in a diving and went out of the shoulder; and (b) the victim’s abund with his/her abundance, i.e., the victim’s abundance, i.e., the victim’s abundance, and i., the victim’s abundance, i.e., the victim’s abundance.

2. Determination

A. The gist of the statement by the victim and the victim of the defendant is replaced by the prosecutor's office and this court, and at the time of the defendant's oral drinking with the defendant and the F, they had been cut in depth to the extent that they did not know about, and they had been broken off in a net diving. When the defendant was off, he was off, and the defendant was forced to go to go to the victim without being frighten, and he did not lend a mobile phone, and the defendant was extremely uneasy and uneasible, and the defendant was forced to go to move to a mobile phone.