The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The Defendant, on April 26, 2014, performed alcohol with the people of Skinscooscooscooscoos ice club, including victims D (the age of 35), at the package c, at the Seocho-si, Seocho-si around 18:30 on the charge of the instant case.

At around 22:00 on April 26, 2014, the Defendant solicited the victim to drink more alcohol at the above place, and had the victim drink in the trade name “F” in the same city E and in “G singinging”. On April 27, 2014, the Defendant got the victim under the influence of alcohol to enter into the Iel, a lodging of the victim at H in the same city, around 01:0.

The Defendant, between around 02:00 and 05:00 on the same day, exceeded all of the above telecom 606, and had sexual intercourse once by inserting a sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's state of difficulty in drinking.

2. The summary of the defendant's and his defense counsel's assertion was only sexual intercourse under agreement with the victim, and the victim did not have to resist at the time.

3. Determination

A. The burden of proof of the facts charged in a criminal trial of the relevant legal doctrine lies on the prosecutor, and the conviction of the guilty ought to be based on the evidence of probative value that makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the doubt of guilt against the defendant is between the suspect even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 2010Do16413 Decided November 11, 2010, etc.). Meanwhile, Article 299 of the Criminal Act provides that a person who has sexual intercourse or commits indecent act by taking advantage of the state of a person’s mental disorder or failing to resist shall be punished as the crime of rape or indecent act under Articles 297 and 298 of the Criminal Act. Here, “the state of failing to resist” is a reason other than that of mental disorder under Articles 297 and 298 of the Criminal Act.