All appeals are dismissed.

The grounds of appeal are examined.

1. As to the defendant case

A. In the quasi-rape of rape, the legal doctrine on the relationship between the crime of rape and alcohol boom 1) “marth of mental and physical disability” refers to the state in which the mental disorder means the state in which the mental disorder has no normal ability to judge sexual conduct, and the state of “non-competence.”

The term "mental and physical loss" means a case where psychological or physical resistance is absolutely impossible or considerably difficult due to reasons other than loss of mind (see, e.g., Supreme Court Decisions 2005Do9422, Feb. 23, 2006; 2012Do2631, Jun. 28, 2012). Even if the victim was unfreshed, temporarily lost consciousness due to alcohol, drugs, etc., or was unable to exercise normal judgment ability and response and coordination ability, if it was in a situation where normal judgment ability and response and coordination ability cannot be exercised due to such reasons, it constitutes a situation where mental and physical loss or resistance is lost in the crime of rape.

2) A) As a medical concept, “alkoutoutoutout” refers to the degree of alcohol alcohol over the gravity level, and, in particular, in the event that the concentration of alcohol during a short period of time falls rapidly, the degree of alcohol content has an impact on the external scouting process (the specific function of brain involved in memory formation) recording and interpreting the external scouting, thereby losing memory of the fact that the perpetrator had proceeded at a certain point.

In accordance with the degree of damage to alcohol cambling, this includes a single-fluorculing cambling and a full-scale blackout.

However, it is a concept that is distinguished from the loss of consciousness in the water surface due to the severe reading of alcohol and typically associated form, that is, the maximum ging effect of alcohol.

B) In the case of a victim who complained of quasi-rape after drinking, the victim, if the alcohol level was at the time of committing the crime, which caused only the failure of memory formation.