The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault, 40 hours against the defendant.

1. According to the statements, etc. by the victim of the grounds for appeal by the public prosecutor, the court below acquitted the victim of the facts charged in this case by misapprehending the legal principles, although the victim could have been found to have been under the influence of alcohol at the time when the defendant sexual intercourse with the victim, and thereby

2. Determination

A. The summary of the facts charged in the instant case is a person who is operating “FHA” on the fifth fifth floor of the Etaping.

The defendant drinks alcohol to the victim G (the age of 31) who has shown a recruitment interview as an instructor of a private teaching institute, and had an interview with the victim, and had the victim drinked to have sexual intercourse when the victim drinking.

At around 17:00 on September 28, 201, the Defendant provided the victim with an interview with a private teaching institute instructor at the above private teaching institute, and then took the victim with a little of meals at the victim, and then came to the victim’s letter of the trade name “H” in Suwon-si.

The Defendant, at around 20:44 on the same day as the breath of alcohol, had sexual intercourse once with the victim, who was in the state of mental disorder, and the state of failing to resist, by taking the drinking into consideration the “IMoel 615, Young-gu, Young-gu.”

Accordingly, the Defendant quasi-rapeed the victim.

B. As to the judgment of the court below, the court below held that it can be recognized that the victim had weak decision-making ability or ability to discern things under the influence of alcohol at the time of the instant case, but further, it is difficult to view that the victim was in a state of being taken into custody due to drinking at the time of the instant case, or was in an unidentified or personnel in a state of not being able to have a sexual intercourse with the victim. Even if it is recognized that the Defendant had a sexual intercourse with the victim, the victim was in

The defendant's act cannot be punished as quasi-rape under the Criminal Code unless it is recognized that the defendant did not have sexual intercourse with the victim by taking advantage of such situation.