The defendant shall be innocent.

1. Around April 7, 2009, the Defendant: (a) around 19:30 on April 7, 2009, she met the victim J (W, 19 years of age) who was a part of the mountain village of the G Station located in Seocho-gu Seoul, Seocho-gu, Seoul, and was the victim J (W, 19 years of age) who was a student of the G Station located in the G Station located in the Seocho-gu Seoul Metropolitan Government.

At around 21:45 on the same day, the defendant and I laid the victim who was unable to properly hold his body while drunk, and moved to the house of the defendant of the Seocho-gu Seoul Metropolitan Government K apartment unit.

From that time, the Defendant exceeded all the clothes of the victim who was locked in the apartment inside of the new wall from the following day, and had sexual intercourse with the victim once by taking advantage of the state of her failure to resist, and thereby, the victim suffered sexual intercourse with the victim, thereby being unable to know the number of days of treatment.

2. Although the defendant and his defense counsel had sexual contact (the act of inserting the hands of the defendant into the negative part of the victim) with the victim's consent at the time and place stated in the facts charged, there was no sexual intercourse by inserting his sexual organ into the victim.

In addition, the victim, on the day of the instant case, she was drinking together with the defendant, etc. in the restaurant prior to the clerical error in the defendant's house, but at the time of sexual contact at the defendant's house, the victim was not in the state of mental disorder or inability to resist due to water surface or drinking, and the defendant did not have sexual contact with the victim

3. Determination

A. The key issue of the instant case stated to the effect that “The victim, from the investigative agency to the court, lost the spirit of drinking, etc. while making a meal that includes a son in the H restaurant as well as the Defendant and I, and then divided into the background leading up to the Defendant’s home, the conversation between the Defendant and the Defendant at the Defendant’s home, and whether there was sexual contact including sexual intercourse, etc.,” and the Defendant on the contrary.