The defendant shall be innocent.

1. On August 16, 2016, at around 15:00, the Defendant completed a course of study with members, such as the victim D (name, leisure, age 63) who is the same member of the community service center dancing classroom, and, at the same time, had the victim under the influence of drinking after drinking alcohol, frighted the victim at the victim's house located in the Socheon-si, Seocheon-si, with the intent to rape the victim as he/she was unable to walk by drinking alcohol, and on August 16, 2016, he/she got off the victim's clothes at the victim's house at the victim's house at around 19:00 on August 16, 2016, and raped the victim by taking advantage of the victim's resistance impossible condition.

2. The Defendant and the defense counsel did not rape the victim who was sexually sexually in the agreement with the victim, but was unable to move in under the influence of alcohol.

3. Determination

A. The relevant legal doctrine 1) The crime of quasi-rape under Article 299 of the Criminal Act is established by sexual intercourse by taking advantage of a person’s mental or physical loss or resistance impossible condition. The term “mental or physical loss” means a situation in which normal judgment on sexual acts cannot be made due to a mental disorder or food disorder, namely, a state in which the other party is unable to exercise his/her normal judgment ability due to drinking, etc. even if he/she was unable to be fully aware of his/her sexual acts due to a mental disorder or food disorder, or a state in which he/she temporarily lost consciousness due to drinking, drug, etc. or drinking, etc.

In addition, the term “non-rupture of resistance” means a case where psychological or physical resistance is absolutely impossible or substantially difficult due to reasons other than the loss of mental or physical body in balance with Articles 297 and 298 of the Criminal Act (see Supreme Court Decision 2009Do2001, Apr. 23, 2009). Meanwhile, in order to constitute the crime of quasi-rape as referred to in Article 299 of the Criminal Act, the term “a state of loss of mental or physical body or resistance” of the victim is necessary as an objective constituent element, and as a subjective constituent element, the recognition of the victim’s status is given to the Defendant as such.