2. Determination

A. A. Around April 7, 2009, the Defendant, at around 19:30 on April 7, 2009, provided meals to the victim J (W, 19 years of age) who was a student of the G station located in Seocho-gu Seoul Metropolitan Government, and a student J (W, 19 years of age) who was a student of the G station located in the G station located in Seocho-gu Seoul Metropolitan Government.

At around 21:45 on the same day, the defendant and I laid the victim who was unable to properly hold his body while drunk, and moved to the house of the defendant of the Seocho-gu Seoul Metropolitan Government K apartment unit.

From that time, the Defendant exceeded all the clothes of the victim who was locked in the apartment inside of the new wall from the following day, and had sexual intercourse with the victim once by taking advantage of the state of her failure to resist, and thereby, the victim suffered sexual intercourse with the victim, thereby being unable to know the number of days of treatment.

B. The judgment of the court below held that the victim sent a text message to the mother to the effect that "the victim will play more than her," and around 00:30 at night, when she got a phone from her mother, it appears that "the victim sent a text message to the same university and the representative of the university immediately after her telephone call was completed." It is difficult to find reasonable grounds that 40 minutes of the victim left the defendant's house from the time her mind until her escape from the elevator, and that it is insufficient to recognize the injury by sexual intercourse other than sexual contact by finger, solely based on the evidence submitted by the prosecutor, that the victim cannot exercise her sexual defense or cannot exercise her sexual defense in a situation where the victim was unable to resist or was unable to resist.