The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The summary of the facts charged [criminal record] on June 13, 2013, the Defendant was sentenced to imprisonment with prison labor and three years and six months for violating the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Daegu District Court Branch, and completed the execution of the sentence in the Daegu Prison on September 30, 2016.

【Criminal Facts】

On February 22, 2018, the Defendant, at the Hancheon-dong, Daegu-gu Hancheon-dong, had been aware of it at ordinary times, with the victim B (n, 18 years of age) and Dozers, i.e., the Defendant saw the sea with the victim as well as the sea at the port of Pool.

At around 03:00 on February 23, 2018, the Defendant laid off the 6th floor of the Northern-gu Cirmoto, Northern-si, Northern-si, and then 08:00 on the same day, the Defendant, under the influence of alcohol, laid off the clothes of the victim in a situation where she is unable to resist, and inserted the Defendant’s sexual organ into the part of the victim’s sound.

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

2. Summary of the defendant's and defense counsel's assertion

A. The victim was not under the influence of alcohol at the time, and thus was not in the state of mental or physical disability or impossibility to resist.

B. In addition, even though the victim proposed twice the sexual intercourse with the victim, all of them were rejected and they did not have sexual intercourse with the victim.

3. Relevant legal principles

A. Criminal facts in a criminal trial should be established based on strict evidence with probative value, which leads a judge to have a reasonable doubt, and thus, in a case where the prosecutor’s proof fails to sufficiently reach the extent that the defendant’s assertion or defense is inconsistent or unreasonable, it should be determined in the interests of the defendant even if there is suspicion of guilt, such as where the defendant’s assertion or defense is inconsistent or unreasonable.

(See Supreme Court Decision 2010Do14487 Decided April 28, 2011). B.

The crime of quasi-rape referred to in Article 299 of the Criminal Act shall be committed by having sexual intercourse in the condition of human mental or physical disability.