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The defendant shall be innocent.
Reasons
1. On November 11, 2012, the Defendant: (a) placed the victim G under the influence of alcohol (e.g., 21 years of age) on the part of the Defendant on the part of Suwon-si, Suwon-si, to the extent that his body can not be divided; (b) placed the victim’s string and panty on the part of the Defendant on the part of the Defendant, on the part of the Defendant, at around 08:00, suffered bodily injury, such as a hole around the part of the Defendant’s regul in which the number of days of treatment cannot be known to the victim due to sexual intercourse; and (c) placed the victim’s string and panty on the part of the victim at one time after
2. The gist of the Defendant’s and the defense counsel’s assertion is only sexual intercourse under agreement with the victim, and the victim was not at the time forced to resist even though the victim was unable to resist, and there was no sexual intercourse using this.
3. Determination
A. The crime of quasi-rape as referred to in Article 299 of the Criminal Act is established by having sexual intercourse with a person’s mental or physical state of non-satise or non-satise. “The state of non-satise” in this context refers to the case where psychological or physical resistance is absolutely impossible or considerably difficult due to reasons other than the mental or physical disorder in accordance with Articles 297
The facts charged in the instant case are examined as follows: (a) the Defendant had sexual intercourse with the victim and suffered bodily injury by taking advantage of the fact that the victim was unable to resist while under the influence of alcohol; (b) whether the victim was in a state of her ability to resist, i.e., psychological or physical state of difficulty, or not
B. The following circumstances revealed by the evidence examined during the instant public trial process: ① the introduction of the H main office of the Defendant’s Defendant’s Defendant’s Defendant’s job, i.e., having met the victim at the frequency of “J” through 2-3 hours from 3:0:00 to 3:00 to 1:00 to 4:00 a week with the victim, and ② the Defendant’s singing at the victim and I and nearby singing rooms around the said frequency.