The defendant shall be innocent.

1. On March 31, 2012, the Defendant: (a) around 23:50 on May 31, 2012, the facts charged in the instant case: (b) around 23:50, the Defendant provided alcohol to the “EAm clubs” located in Gangnam-gu Seoul Metropolitan Government, i.e., i., e., Homan-Nam (hereinafter “desting”); (c) and (d) provided the game for the first time via Homan-nam (hereinafter “desting”); (b) provided alcohol to the “Hel” located in Gangnam-gu Seoul Metropolitan Government G with approximately 500 meters away from the said clubs.

On June 1, 2012, at around 01:10, the Defendant, while drunk in the above telecomer, did not overfluence his body, and she was expected to sit on the wall so that he can no longer grow up with her hand, and the Defendant 203 of the above telecomer 203, she was out of the victim’s clothes by using the state of her refusal to resist, and was sexual intercourse by inserting 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 failure to resist.

2. The summary of the defendant's and his defense counsel's assertion was only sexual intercourse under the agreement with the victim, and did not have sexual intercourse with the victim who was unable to resist due to drinking.

3. Determination

A. Article 299 of the Criminal Code as to the state of non-performance in the crime of quasi-rape refers to the case where psychological or physical resistance is absolutely impossible or considerably difficult due to the reason other than the defect in accordance with Articles 297 and 298 of the Criminal Code.

(See Supreme Court Decision 98Do3257 delivered on May 26, 2000, etc.). B.

According to the summary of the case, according to the defendant's legal statement and witness F's legal statement, the following facts are recognized:

1 F, around 23:50 on March 31, 2012, at around 23:50, the Defendant entered the “Ebby club” located in Gangnam-gu Seoul, Gangnam-gu, with the main lines of the waitter, and had the Defendant play in a room with his friendship.

In the above room, F became an even defendant, and it is together with other three men and women.