A. The Defendant, under an agreement with the victim, has a sexual intercourse.

(1) In light of the following circumstances, the victim was under the influence of alcohol to the extent that the victim was physically and mentally deprived or unable to resist.

Now, as described below 2), the Defendant obtained consent from the injured party to the gender relationship.

However, the judgment of the court below that found the Defendant guilty of the charge of quasi-rape of this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment

1) From August 21, 2019 to around 18:30 on August 21, 2019 to around 20:40, seven persons, including the victim, were to drink approximately 10-11 sick and to drink approximately 4-5 sick in the second round, and the victim, who suffered a small amount of alcoholic beverage 1-1 sick to 1-1 sick, was to drink the above volume of alcohol.

shall not be deemed to exist.

K, I, and H were the employees of the company who participated in the meeting, and the victim did not take a significant drinking at the time of the meeting.

statement is made.

In addition, one victim is that the defendant himself herself hedging with his male-gu and is out of the country before entering the motel.

In addition, the defendant was asked for the marriage life of the defendant, and the defendant was able to have a normal conversation with the defendant, such as seeing about the fact that the above fact is known to others when the defendant was faced with the criminal defendant.

2) 피해자는 2차 회식장소에서부터 피고인의 옆에 앉아 어깨동무를 하거나 피고인의 팔에 팔짱을 끼고 피고인에게 음식을 먹여주려고 하는 등 신체 접촉을 하며 피고인에 대한 호감을 표시하였다.

After completion of the second round of around 23:00 on August 21, 2019, the Defendant and the victim walk as soon as possible in order to return home, and the Defendant, who found the telecom, is hard to see.

The defendant, "I have reached the telecom," and the victim, "I have been able to see how I have been able to do so", is the victim.