The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the court below acquitted the defendant of the facts charged in this case, although the defendant could sufficiently recognize the fact that he had sexual intercourse by taking advantage of the state of failing to resist B (tentative name).

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment prosecutor.

In the trial of the court below, the prosecutor applied for changes in the indictment of this case, which the court below acquitted, as stated in the following B, and the subject of the trial was changed by this court's permission, so the judgment of the court below is no longer maintained.

The prosecutor's assertion of misunderstanding of facts is still subject to the judgment of this court within the scope related to the modified facts charged, even if there is a ground for ex officio reversal as above, and this is examined in the following Section C.

B. The summary of the revised facts charged is that the Defendant, at all, may not know with B (the age 24, the name of the Defendant) and, at around 00:0 on March 31, 2017, in the subway stations of subway 7, subway lines, the subway lines, located in Mai-si, Gi-si, Gi-si, the Gi-si, the Gi-si, Gi-si, the Gi-si, “strokem”, which is a stroke method, was taken in a stroke method in a strokeic manner, and used to have sexual intercourse with nearby her, using the discovery of the mixed-distance B in a state of mental disorder where B lacks normal mental capacity, and due to the disorder and strokeic symptoms following the increase in drinking and drugs, etc.

이에 피고인은 곧바로 B에게 접근하여 부축한 후 ‘졸려’라는 말을 반복하는 B에게 ‘모텔에 갈래요 ’라고 한 후 아무런 대답이 없이 계속 ‘졸리다’는 말만 되풀이 하는 B의 팔짱을 낀 채 곧바로 B을 인근에 있는 모텔인 광명시 E 소재 F모텔(이하 이 사건 모텔이라 한다)로 데리고 간 다음 그곳 G호로 B을...