The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty of the facts charged of this case, despite the fact that the defendant had sexual intercourse with the victim by taking advantage of the victim's mental disorder or impossible condition after drinking alcohol, the court below erred by misapprehending the facts.

2. Determination

A. The Defendant and the victim B (the lifeline, the age of 23) in the facts charged are between the two parties while serving in the same hospital.

At around 19:30 on February 18, 2018, the Defendant drinked 1 cans (350 m) a beer, the alcohol level of which is 3%, carried out a film on the victim’s cell phone, cut off the victim’s cell phone, cut off the victim’s cell phone, cut off the cell phone, cut the victim’s cell phone, then put the victim’s arms in the victim’s entrance. On the other hand, the victim, who returned to the awareness of sleeping, was unable to move the arms and legs, and then locked the bridge again.

The Defendant, in other words, continuously raised the victim's wound to the victim's wound, frightened the victim's chest, frightened the victim's breast, knicked the victim's fingers by putting his fingers into the part of the victim's fingers, added the victim's fingers into the part of the victim's drinking, added the victim's body to the part of the victim's drinking, added the victim's sexual organ into the part of the victim's drinking, and then added the victim's sexual organ to the part of the victim's drinking, but neglected it, and inserted the victim's sexual organ into the part of the victim's drinking.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the state of mental disorder or impossibility.

B. The lower court’s determination is based on the evidence duly admitted and investigated by the lower court in light of the following facts and circumstances. The evidence submitted by the prosecutor alone is alone.