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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the fact-finding) is that the victim was under the influence of alcohol to the extent that he could not properly enjoy the secret number of the co-site, and the defendant was divided instead of the secret number of the co-site. In light of the fact that the victim was in a situation where the victim was unable to resist or resist at the time, and the defendant could sufficiently recognize the fact that he had sexual intercourse with the victim while recognizing it, the judgment of the court below acquitted the victim of the facts charged of this case, which affected the conclusion of the judgment.
2. Determination
A. The summary of the facts charged in the instant case was around March 18, 2019, the Defendant: (a) followed the victim D (name, fluor, age 33) and drinking alcohol in the “C” located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu; and (b) took the victim’s house at around 00:18 March 19, 2019, when the victim was unable to properly hold his body under the influence of alcohol; (c) took the victim’s house at the interest of the victim in Heung-gu, Chungcheongnam-gu; (d) took the victim’s house at the interest of the victim in Heung-gu, Chungcheongnam-gu; and (e) took the victim’s sexual organ into the part of the victim’s body.
Accordingly, the defendant has sexual intercourse by taking advantage of the victim's mental condition.
B. In light of the following facts and circumstances, the lower court rendered a not guilty verdict on the instant facts charged on the ground that the evidence submitted by the prosecutor alone was insufficient to deem that the victim was in a state of mental or physical disability or inability to resist at the time, and that the Defendant had sexual intercourse with the victim by using such state was difficult to be proven beyond reasonable doubt.
1) On March 19, 2019, around 00:18, the victim was aware of sexual intercourse from male-gu F on the 00:18th day, and there seems to be a sufficient motive and reason to conclude that the victim suffered sexual assault from the Defendant when he was deprived of a drunken mind. Furthermore, F’s investigation agency.