The defendant is innocent.

1. Facts charged and the defendant's assertion

A. On October 24, 2015, the Defendant: (a) committed rape by inserting the Defendant’s sexual organ into the victim’s sound book using a state of resistance impossibility on the part of the Defendant’s vehicle located in the “E” club located in Yongsan-gu Seoul, Yongsan-gu, Seoul; (b) around October 24, 2015, within the F vehicle owned by the Defendant, G (V, 23 years old); and (c) under the influence of alcohol, by inserting the victim’s

B. The following facts are acknowledged according to the evidence duly adopted and examined by this court.

On October 23, 2015, the Defendant, victims, and nine persons both men and women, including the friendships of the victim and the victim, are drinking the beer in the house of the first lane on October 23, 2015, which is on the day of the instant case, and the two-lanes of beer and beerer and beer in the club of “E” around 00:30 on October 24, 2015 after drinking the beer and beer, as the second lane.

At the time, the defendant and the victim were in the first space with the club out of the club and the convenience store, and around 01:30 on the same day, the defendant and the victim had a sexual relationship one time with the defendant at the next rank.

The defendant and the victim have returned to the club again, and the victim has liveded in the club, and the victim has left the taxi with her own animals in the club while getting a friend along with her friend.

(c)

Defendant

In addition, the defendant and the victim of the defense counsel naturally contact with each other and have sexual intercourse under the agreement.

The victim was not in a state of mental or physical loss or resistance, and the defendant was aware of such state and did not have sexual intercourse.

2. The following circumstances acknowledged by the court’s duly adopted and investigated evidence, i.e., the victim stated by the investigative agency to the effect that, up to this court, the victim stated to the effect that “it was sexual intercourse within the vehicle, among those who had no mind of being under the influence of Maitius rapidly more than the usual liquor on the day of the instant case, the victim was led to the Defendant. At the time, the situation was only a simple memory, and how the sex relationship was formed, and it is not well memory.”