The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is consistent with the statement that “the victim has sexual intercourse with the defendant in a state without a mind that he is unable to hold his body even under the influence of alcohol.” However, in light of the following: (a) the victim clearly states the state of sexual intercourse at the time when he was under the influence of alcohol; (b) the victim clearly states the state of sexual intercourse; and (c) the defendant also states the confession of the crime of this case and clearly states the state of sexual intercourse with the victim at the time when he was investigated by the police and the prosecution, the victim may be found to have sexual relationship with the defendant and the victim at the time when he was sexual intercourse and had sexual intercourse with the victim at the time. Therefore, the defendant can be fully convicted of the charges of this case

Nevertheless, the lower court rendered a not-guilty verdict on the facts charged of this case. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. On the grounds indicated in its reasoning, the lower court, based on its reasoning, cannot be deemed to have proven that the victim was in a habitual condition because of the full loss of consciousness of the victim at the time of the instant case, to the extent that there is no reasonable doubt as to the existence of a mental disorder, and there is no evidence to

Even if it is difficult to exclude the possibility that the victim would act based on his will, and it is difficult to recognize that the defendant and the victim had sexual intercourse, and there is no other evidence to acknowledge it, the defendant was not guilty of the facts charged in this case. In light of the records, the above fact-finding and decision of the court below is just and acceptable, and in light of the records, such as the defendant's statement in the court below and the court below, it stated to the effect that the defendant seems to have recognized the crime in this case by the police and the