The defendant shall be innocent.

1. The summary of the facts charged in this case was the Defendant’s agency leader, and the victim D (V, 25 years old) was the above agency sales employee.

The Defendant, around August 13, 2016, went away from other workplace clubs with the victim, including the victim, at the port E-Gu building 403, at the time of the victim’s residence, and went through television remaining with the victim. On the same day, the victim was under the influence of alcohol from the bed inside the above room, and 07:00 on the same day, the victim was off from the victim’s spode and pande, and her sexual organ was inserted into the victim’s negative part, thereby having sexual intercourse once.

Accordingly, the defendant has sexual intercourse with the victim who was in an impossible state of resistance.

2. The gist of the defendant's and his defense counsel's assertion was not in a state of mental or physical loss or resistance impossible at the time of the instant case, and the defendant did not have the intent to have sexual intercourse with the victim by taking advantage of the victim's condition. However, the defendant and the victim were naturally sexual intercourse while making physical contact.

3. Determination

A. Article 299 of the Criminal Act provides that a person who has sexual intercourse or commits an indecent act by taking advantage of a person’s mental or physical loss or incompetence status shall be punished as the crime of rape or forced indecent act under Articles 297 and 298 of the Criminal Act.

Here, the state of impossibility of resistance is called

Article 297 and Article 298 refer to cases where an resistance for sexual self-defense is absolutely or physically impossible, due to reasons other than loss of mental or physical capacity (see, e.g., Supreme Court Decisions 98Do3257, May 26, 2000; 2012Do2631, Jun. 28, 2012). The burden of proving the facts charged charged in a criminal trial exists on the prosecutor, and the conviction is admissible for a judge to prove that the facts charged are true to the extent that there is no reasonable doubt.