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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is a person who worked as an entertainment receptionist (hereinafter “the player”) in the mutual entertainment center (hereinafter “Astststststm”) of “D” in the light of the facts charged by the Defendant.
From around 07:00 to 12:00 on March 1, 2017, the Defendant loaned the room of the “F” entertainment shop in the name of “F” in the name of “F”, where the Defendant works for the head of “D” entertainment station due to the lack of any empty room, and provided the Defendant with a room of the “F” entertainment shop (F). In addition, the Defendant continued to drink with the victim G (one, half, 33 years old), two of the victims, two of the two players, and two of the two players.
From 13:00 to 15:00 on the same day, the Defendant showed that the victim, one victim, one single player, and the other scambling who drink in the “I hotel” room located in H at the time of light view from 13:0 to 15:00 on the same day, and the victim lost the mind of being under influence of alcohol and scambling on the bed. Since then, the Defendant was unable to take the victim’s action next to the victim.
The Defendant, between 16:00 and 18:00 on the same day, had sexual intercourse once with the victim, who was under the influence of alcohol and was under the influence of alcohol, after hearing the sound from the victim’s day in a shock room on the shock box inside the said “I hotel” room.
Accordingly, the defendant has sexual intercourse by taking advantage of the victim's resistanceable condition.
2. Although the defendant and his defense counsel have a sex relationship with the victim, the victim did not have a state of resistance at the time of the sex relationship with the defendant.
3. Determination
A. In order to constitute the crime of quasi-rape under Article 299 of the Criminal Act, it is necessary not only to “the state of mental or physical loss or arbitrance” of the victim as an objective constituent element, but also to recognize the victim’s status as a subjective constituent element.