The appeal is dismissed.

The grounds of appeal are examined.

In the event that the defendant started to engage in an act that can be called the means of sexual intercourse with the intent to engage in sexual intercourse by taking advantage of the victim's non-competence condition, there is commencement of the implementation of quasi-compet

Examining the evidence duly adopted and examined by the lower court and the first instance court in accordance with the aforementioned legal doctrine (see Supreme Court Decision 9Do5187, Jan. 14, 2000). Examining the evidence in accordance with the foregoing legal doctrine, the lower court, on the grounds stated in its reasoning, can recognize the fact that the lower court commenced the act of sexual intercourse with the victim, who was unable to resist under the influence of alcohol, with respect to which the Defendant began to conduct the act of sexual intercourse

In view of the facts charged in this case, it is justifiable to determine that the facts charged in this case are guilty.

In doing so, the lower court did not exhaust all necessary deliberations but did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, omitting judgment, or by misapprehending the legal doctrine on the commencement of the commission of the crime of quasi-rape.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.