The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The summary of the facts charged is that the Defendant was at all not aware of the victim B (man, 24 years of age, 14 years of age, 24). On March 31, 2017, at around 00:00, the Defendant attempted to discover the victim who was under the influence of alcohol from stairs within the subway stations of subway 7, the subway Station D, which were located in the subway station C, and to have sexual intercourse with the victim by taking advantage of the victim’s non-sable state of resistance.

On March 31, 2017, at around 00:05, the Defendant, with Fel G care rooms in E (hereinafter “the instant telecom,” and “the instant guest room”) located in light of light, went off the victim’s clothes under the influence of alcohol, and had sexual intercourse with the victim by inserting the Defendant’s sexual organ into the sexual organ of the victim.

2. 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 a normal judgment cannot be made with respect to sexual acts due to a mental disorder or food disorder, i.e., a situation in which the other party is unable to make a deep judgment (see Supreme Court Decision 76Do3673, Dec. 14, 1976) or the other party temporarily loses consciousness due to drinking drugs or drinking, etc., even if he/she did not lose full consciousness due to drinking, etc., the crime of quasi-rape under Article 299 of the Criminal Act means a state in which he/she is unable to exercise his/

And the state of “non-entry”

Article 297 and Article 298 of the Criminal Act refer to cases where psychological or physical resistance is absolutely impossible or substantially impracticable due to reasons other than loss of mental or physical capacity (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). Meanwhile, in order to constitute the crime of quasi-rape as referred to in Article 299 of the Criminal Act, the term “the state of mental or physical loss or resistance” of the victim is not only an objective constituent element, but also the defendant as a subjective constituent element.