The prosecutor's appeal is dismissed.

The Defendant was aware of the victim B (the age of 17 years at the time of the instant case) and that he was in peace.

The Defendant, around 00:00 on September 24, 2018, dumped the victim with C and D, and d, dump the alcohol in the E-high school neighborhood sperm.

The defendant, the victim, C, and D divided 5 illness in the week, 2 illness in the beer, and the defendant continued to enjoy alcohol even though the victim was under the influence of alcohol and had the victim fully take alcohol.

After sending the victim's house with C and D as the body of the defendant's house, the defendant took the victim's house F and G, which is the office of the defendant, off the clothes of the victim under the influence of alcohol, put them into the body of the victim, put his fingers into the body of the victim, added his fingers into the body of the victim, added his fingers into the body of the victim, and continued the sexual act until the victim gets out of the body of the victim, expressed his intention of refusal, and resisted.

As a result, the Defendant had sexual intercourse with the victim by taking advantage of the victim's state of impossibility to resist under the influence of alcohol.

In full view of the following facts and circumstances, the lower court found the Defendant not guilty on the ground that the evidence, such as the victim’s statement, the victim’s statement, the victim’s personal seat CCTV images, and the victim’s personal body photo, etc., submitted by the prosecutor, can be acknowledged as having been in a state of mental or physical disorder or of failing to resist as stated in the instant facts charged, and that it is difficult to view that the Defendant had the intent to have sexual intercourse with the victim, namely, the intent of having the victim’s intent to have sexual intercourse with the victim, was proven without reasonable doubt.

The Defendant, at around 00:00 on September 24, 2018, had a common contact with the Defendant and had a common contact.