The defendant is innocent.

1. Indictment, etc.;

A. On April 8, 2016, the Defendant presented to the victim G (the family name, the age of 19) and the victim-friendly job offers H with the same main points while drinking the friendship F and alcohol at the E main points located in Seodaemun-gu Seoul Metropolitan Government, Seodaemun-gu around 02:30 on April 8, 2016, and drinking alcohol at the above main points and the J Ssing shop located in the same Gu I around that time from that time to 07:17 on the same day.

After that, F, while under the influence of alcohol, got out of the main place by getting the victim who sits down in the J Sing point to both arms, and the defendant was willing to walk the victim who was under the influence of alcohol to go through other daily behaviors while getting the victim into K Station, and sexual intercourse with the victim who was drunk.

At around 07:30 on the same day, the Defendant moved the victim into a room 202 Mael with the same L (hereinafter “the instant telecom”), and placed the victim in a state in which normal decision-making is impossible due to drinking by drinking, such as being frightened on the floor of the toilet bed in the guest room, and placed the victim on the bed, placed the victim into the bed, fit the victim’s breast part, frighten by entering the victim’s breast part, and inserted his sexual organ into the part of the victim’s drinking part.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or impossible condition.

B. The Defendant and his defense counsel’s assertion was not in the state of mental disorder at the time, and the Defendant did not have sexual intercourse by taking advantage of the state of mental disorder of the victim, but was sexual intercourse under the agreement with the victim.

The victim is merely unable to memory the situation at the time due to the so-called "boomout".

C. According to the evidence duly admitted and investigated by this court, the following facts are recognized.

1. ① On April 7, 2016, the victim was a partner between the Defendant and H, and the victim, and F, who were under the influence of alcohol at the E’s main point on April 8, 2016, with the proposal of F around April 02:30, while drinking alcohol at the E’s main point.