The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, such as the victim’s blood alcohol concentration level, reliable victim’s statement, and circumstances that cannot be seen as normal sexual relationship at the time of the instant case, the court below found the Defendant guilty of having sexual intercourse with the victim using a victim’s resistance impossible condition. However, the court below acquitted the Defendant of this case by misunderstanding the facts.

2. Determination

A. The summary of the facts charged is that the Defendant, at the time when he became aware of high-school dances, such as the victim C (17 3, n, n, n, he/she exchanged with the instant instant Messenger. On March 14, 2015, he/she received contact from the victim, and she drinks on the following day.

On March 15, 2015, the victim who is a high school student promises to drink the drinking at the time of the defect 22:00 to 22:20:20, the time of the drinking at the time of the drinking. On March 15, 2015, the victim came to the victim by adding 1,000 cc of the drinking at the point of "E" located in Manyang-si, Annyang-si, Annyang-si, Annan-si, Annan-si, annan-si, annan-si, ann-si, ann-si, ann-si, ann-si, ann-si, ann-si, ann-si, ann-man, to drink the drinking at the point of the week.

On March 15, 2015, the Defendant: (a) retired from all the clothes of the victim in a state of resistance under the influence of alcohol; (b) inserted his or her sexual organ into the part of the victim’s sound, and (c) added them once to the part of the victim’s sound.

As such, the Defendant had sexual intercourse with a female juvenile under the influence of alcohol.

B. The lower court determined based on the evidence adopted and examined, found facts as indicated in its reasoning, and, in other words, based on the following circumstances revealed in the facts charged: (i) the victim was unable to exercise his/her right to sexual self-determination because he/she was under the influence of alcohol at the time when he/she went to the bar, taking into account (i.e., the her mother’s and her mother’s currency), the appearance of the victim going to the inn and was carried into the inn.