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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is a person who operates an indoor camping practice hall and packaging horse, and the victim C (inn, 51 years of age) is an employee of the above packing horse.
On May 27, 2013, at around 06:00, the Defendant sought to persuade the victim who intends to retire from work after finding his/her residence located in Seongbuk-gu, Sungwon-si, Sungwon-si. However, he/she was asked to work for E to the effect that “the victim is a person with the right to guide the water surface and the right to claim against him/her,” from E living together with the victim.
In order to find the victim, the victim was born.
At around 08:00 on the same day, the defendant has been suffering from a dispute due to the fact that the defendant found the victim's residence and left the victim's door by leaving the victim's door, and he has retired from the victim's packing day.
The victim refers to the difference between the victim and the house, and the victim exceeded the clothes belonging to the original skin diving clothes and sexual intercourse once again with the victim's body due to the influence of the victim's 2 eggs and sub-juncy.
At around 08:30 on the same day, the Defendant found the victim's residence and had sexual intercourse once in the same manner by reporting the victim under the water surface leading system and alcohol.
2. The Defendant asserts that the Defendant and his defense counsel consistently had sexual intercourses with the victim at the time and place stated in the facts charged from the police to the present court, but at each time the victim did not have a state of mental or physical disorder or non-satisfy, and that the Defendant does not have sexual intercourse by taking advantage of such state of the victim.
3. Determination
A. Accordingly, the key issue of the instant case is ① Whether the victim was in a state of mental disorder or non-performance of ability to resist due to the influence of the Defendant and the victim at the time of having sexual intercourse twice, and ② if so, the Defendant recognized such state.