At around 04:30 on the same day, the Defendant, while drinking with the victim, has sexual intercourse by putting the victim off the clothes of the victim under the influence of alcohol and inserting the Defendant’s sexual organ into the negative part of the victim.

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

Defendant

The defendant's assertion of defense counsel has sexual intercourse with the victim according to the agreement with the victim.

The victim was not in a state of mental disorder at the time of sexual intercourse, and the defendant was not aware of the fact that the victim was in a state of mental disorder.

Judgment

The facts charged in a criminal trial should be proved by the prosecutor, and the judge should be found guilty with evidence having probative value, which leads to the conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it is inevitable to determine it with the benefit of the defendant.

In light of the following facts acknowledged by the evidence duly adopted and investigated by the court of this case, or the circumstances that can be known therefrom, the victim’s investigative agency and legal statement that conform to the facts charged in the instant case are difficult to believe (if the defendant’s statement is more believed, it is difficult to believe) and the victim stated that his/her memory is lost after the fact-finding, and other evidence submitted by the prosecutor alone is insufficient to acknowledge the facts charged in the instant case.