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

1. The summary of the facts charged is the Defendant’s sentence F for the victim E (n, 35 years of age) to whom the victim E was friendly.

On April 28, 2016, the Defendant, at around 01:00, 102 Dong apartment G 1502, Dong G 102, 1502, and Dong F, had drinking with Dong F, followed the victim, was under influence of alcohol, went off the victim’s clothes from his ward softened with the Defendant’s room, and had sexual intercourse once.

Accordingly, the defendant has sexual intercourse by taking advantage of the victim's resistanceable condition.

2. Determination

A. According to the evidence duly admitted and examined by the court, the following facts can be acknowledged.

1) On April 27, 2016, at around 19:50 on April 27, 2016, the victim drinks the Defendant’s birth F and the Defendant’s wife located at Lhee University with the high volume of 3-4 residues, 4-5 residues, and 1 residues, both F and the Defendant living in the apartment complex.

After that, F and the victim entered the above apartment on the same day, which was around 23:00 on the day after the completion of the adult intercourse in F's room, and the defendant entered the above apartment.

2) The victim dysnizes 1 residues together with the Defendant after the F was diving.

On the other hand, the injured party's usual amount of the victim is the level of anti-state disease.

3) On April 28, 2016, around 00:00 on April 28, 2016, the victim was unable to take part in a sofacion located in the ward, where the head facing the Defendant and the alcohol were facing, and was faced down on the table.

4) On April 28, 2016, the Defendant: (a) 01:00 on April 28, 2016, she laid off the victim on his/her own room and laid off his/her clothes from a bed; and (b) was sexually related.

B. 1) Article 299 of the Criminal Act provides that a person who has sexual intercourse or commits an indecent act by taking advantage of a person’s mental or physical loss or incompetence status shall be punished as the crime of rape or forced indecent act under Articles 297 and 298 of the Criminal Act.

Here, the state of impossibility of resistance is called

It is absolutely impossible or considerably difficult for a psychological or physical resistance to reason other than loss of mind and body in balance with Articles 297 and 298 of the Criminal Code.