The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Sexual assault, 40 hours against the defendant.

1. The summary of the grounds for appeal: The victim of mistake of facts was in the state of mental disorder or inability to resist under the influence of liquor on the day of the instant case, and the Defendant had sexual intercourse with the victim, and thus, the Defendant constituted a crime of quasi-rape, but the judgment of the court below which acquitted the Defendant of the charges

2. Determination

A. In full view of the following circumstances, the lower court’s summary: (a) the evidence submitted by the prosecutor alone was in the state of the victim’s mental or physical disability or non-performance

It is insufficient to recognize that the defendant has sexual intercourse with the victim by using it, and there is no other evidence to acknowledge it.

(1) Although the victim consistently stated to the effect that he/she would not memory the situation at the time of alcohol, even if the victim was unable to memory the situation at the time, the victim cannot be readily determined that he/she was in a state of mental or physical disorder at the time, and the possibility that the victim was in a state of temporary memory, which was in a state of temporary memory, following the taking-out cannot be ruled out.

② The victim received medical treatment due to symptoms of low blood transfusion six (6) days after the date of the occurrence of the instant case. Even if the symptoms were due to the sex relationship with the Defendant, such fact alone cannot be deemed as having sexual intercourse by taking advantage of the victim’s mental disorder or the state of failing to resist.

③ Finally, the taxi engineer who was sent the Defendant and the victim to the instant telecom was present at the lower court as a witness, and “I think I would like to unsatisfies because I would like to unsatisfies because I would like to go to other places because I would like to go out of the bar because I would like to go out of the bar because I would like to go out of the bar.”