The defendant shall be innocent.

1. According to the evidence duly adopted and examined by this court around December 22, 2017, the Defendant could recognize the fact that the Defendant settled 30,000 won of Maurburine with the physical card around 05:43 on December 22, 2017, at the main point of “C” around B, he drinked with the victim E (the victim E, 22 years of age), and the victim’s relative f, made the alcohol together with the victim’s relative F, and made the alcohol more drinking at the near the thickness, and on December 22, 2017, the Defendant paid 30,000 won of Maburine with the physical card (Evidence 1) at around 05:00,000 ex officio.

Hacheon-si entered the Mosel located in G along with G.

The gist of the facts charged by the Defendant at around 06:00 on December 22, 2017 is that “the Defendant had sexual intercourse once with the victim who had been unable to resist at around 05:00 on December 22, 2017.” However, on the grounds as stated in Section 1, the Defendant’s date and time of the instant crime was corrected at around 06:0 on the same day.

During the shower period in which F had the mind of having sexual intercourse with the victim who was drunk in the above telecom, F had only 2 can be scam at the convenience store, and sent the victim who was in a state of difficulty in drinking and not in a state of difficulty in drinking once by sending the victim to D who stated that “I had been 20,000” and “I had been scam.”

Accordingly, the defendant has sexual intercourse with the victim once by taking advantage of the victim's non-fluence state.

2. Determination

A. Article 299 of the Criminal Act provides that a person who has sexual intercourse or indecent act by taking advantage of the person’s mental or physical condition of refusing to resist shall be punished together with the crime of rape or indecent act by force under Articles 297 and 298 of the same Act. This crime is the protected legal interest to protect sexual self-determination of a person who is unable to defend sexually due to mental or physical circumstances, and Article 302 of the same Act provides that a minor or a person with mental disability shall be sexual intercourse or by force with a minor or a person with mental disability.