1. As to the grounds of appeal concerning the establishment of quasi-rape of rape

A. The gist of the grounds of appeal is as follows: “The victim’s statement that “the victim has sexual intercourse without the consent of the victim who is in a state of mental or physical loss” has no credibility or probative value to acknowledge the defendant guilty, while “the victim has sexual intercourse with the victim’s consent” was not only reliable but also destroyed evidence favorable to the defendant in the course of the investigation, etc.; thus, the victim’s mental or physical loss or arbitrative relation was committed, and the defendant did not consent to the sexual intercourse, and there is no reasonable doubt as to the fact that the victim had the intent to quasi-rape. However, the court below did not have any mental or physical loss or arbitrative relation at the time of the victim’s sex relationship with the defendant and the victim, and there was a

In light of the purport that finding the Defendant guilty of the facts charged in the instant case is illegal as failing to exhaust all necessary deliberations or violating the rules of evidence, etc.

B. Article 299 of the Criminal Act provides that a person who has sexual intercourse or indecent act by taking advantage of a person’s mental or physical loss or incompetence status shall be punished as the crime of rape or forced indecent act under Articles 297 and 298 of the Criminal Act. Here, a person is in an incompetence status.

Article 297 and Article 298 of the Criminal Act refer to cases where psychological or physical resistance is impossible or considerably difficult due to reasons other than loss of mental or physical mind (see, e.g., Supreme Court Decision 2010Do7403, Sept. 9, 2010). For reasons indicated in its reasoning, the lower court, based on its stated reasoning, was placed in a situation where a victim at the time of committing the instant crime was unable or considerably difficult to exercise his/her right to sexual determination, and the Defendant knew of this.