The prosecutor's appeal is dismissed.

The summary of the grounds for appeal is as follows: (a) at the time of committing the instant crime, the victim was in a state of inability to resist by drinking alcohol; and (b) the Defendant was aware of such state of the victim, and had sexual intercourse with the victim, the lower court acquitted the Defendant of the facts charged in this case; and (c)

Judgment

Around 04:00 on March 27, 2014, the summary of the facts charged in the instant case: (a) around 04:00, the Defendant: (b) had sexual intercourse with the victim E, a customer, who is an employee of the first floor underground of Gangnam-gu Seoul Metropolitan Government, in the room No. 207, 207, with the mind that the victim E (the age of 29) was under the influence of alcohol with a large amount of male reception and drinking, and (c) wanting to rape.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's state of difficulty to resist by drinking.

In light of the following circumstances acknowledged by the record, the lower court found the Defendant not guilty on the charges of this case on the ground that it is difficult to view that the evidence submitted by the prosecutor alone was insufficient to resist at the time of the instant case, and that the Defendant was aware of the victim’s status and had intent to engage in sexual intercourse with the victim.

① On the day of the instant case, on March 27, 2014, the victim was off from the police station, who she was saved to drink, but she was saved to her mind, and was found to have her breast.

At that time, F(SPF) has been studio for male.

The same shall apply to the inspection in which he/she intends to what he/she is.

Since it is why he does not refuse to do so, he or she entered the Republic of Korea and F.

가슴을 만지는 느낌이 나 자고 있다가 깼던 것 같고 그 사람이 어떻게 하고...