The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant is a person operating a "E" restaurant under Article 201 of the Daejeon-gu Seoul Metropolitan Government D Building 201, and the victim F (V, 18 years old) is a person working for the above restaurant as an employee.

around 22:00 on February 18, 2013, at around 22:00, the Defendant left a restaurant and left a restaurant at around 23:40 on the same day during the period of drinking alcohol together with the victim, G, and H, who is an employee, and left a restaurant, and left a room with the victim. The Defendant had a mind under the influence of alcohol and had a sexual intercourse with the victim who was used on the floor.

2. From around 00:00 to around 00:30, the victim exceeded all the panty and panty of the victim, and inserted the sexual flag of the other defendant who was on the body of the victim into the negative part of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or impossible condition.

2. The summary of the Defendant’s and the defense counsel’s assertion is the fact that the Defendant had a sexual intercourse with the victim, but the victim did not have a state of mental disorder or inability to resist.

3. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by this court, the fact that the victim had drinking alcohol together with the Defendant, G, and H around the time of the instant case is recognized as stated in the facts charged.

Therefore, the key issue of the instant case is “the victim was in a state of mental disorder or inability to resist under the influence of alcohol at the time of the instant case, and whether the Defendant had sexual intercourse with the victim using it.” As a direct evidence of this part of the facts charged, there is only the victim’s statement that “The Defendant was sexual intercourse with him, because he lost his own mind after drinking.”

B. However, in light of the following circumstances, it is difficult to believe that the above victim’s statement is of doubt about its credibility, in light of the evidence duly adopted and examined by this court.

1. The victim shall have this effect.