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

2. The Defendant and the defense counsel’s assertion only have a sex relationship with the victim. At the time, the victim did not have a state of mental or physical disability or inability to resist, and the Defendant did not have sexual intercourse by taking advantage of such state of the victim.

3. Determination

A. According to the evidence duly adopted and examined by the court, the following facts can be acknowledged.

1) The Defendant and the victim work in the same workplace and divided personnel affairs, and the name was not known to each other. The Defendant, around December 2018, she decided to contact the Defendant with the meals of the Defendant by learning the victim’s father’s clothes at one’s own store to significantly discount the victim’s clothes value. 2) On March 18, 2019, the Defendant, around 21:00, she drank the victim with the victim at a restaurant as stated in the facts charged, for about 4 illness in the instant case with the victim at around 2:30 minutes and around 2:0 minutes and 30 minutes, while the victim was drunk at the above restaurant, she was under the influence of alcohol or set a cellular phone.

On March 18, 2019, the Defendant calculated the food value at around 23:38:32 on March 18, 2019 and sent the above restaurant with the victim.

3. On March 18, 2019, around 23:40 on March 18, 2019, the victim's male-friendly arrest F, stating that the victim she walked by telephone on March 19, 2019, and 0:18, the victim went to the seat of the victim immediately, who did not receive the telephone, and F, was the victim.