Defendant

In addition, both the respondent for an attachment order and the respondent for a probation order and the prosecutor's appeal are dismissed.

Judgment on the defendant's case

A. The commencement time of the crime of quasi-rape under Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be deemed the time when the crime of quasi-rape is committed (see, e.g., Supreme Court Decision 2003Do1455, May 16, 2003). The commencement time of the crime of quasi-rape begins with the intent to engage in sexual intercourse with the intent to engage in sexual intercourse by taking advantage of the victim's defectiveness or difficulty in resisting himself/herself or by taking advantage of the victim's refusal condition (see, e.g., Supreme Court Decision 2003Do145, May 16, 2003).

(See Supreme Court Decision 9Do5187 delivered on January 14, 2000). Meanwhile, insofar as the Defendant commenced the commission of the crime of quasi-rape in a state of the victim’s mental disorder or failing to resist, and committed sexual intercourse against the victim’s will by using it, it is reasonable to deem that the crime of quasi-rape is established.

B) Examining the circumstances revealed by the evidence duly admitted and investigated by the lower court, namely, that the Defendant exceeded the panty of the victim, who was able to have sexual intercourse with the victim’s residence with the intent to have sexual intercourse, and the victim attempted to escape from the Defendant by unleashing the victim before the Defendant reached the sexual intercourse, and attempted to escape from the Defendant, but the Defendant’s act of sexual intercourse with the victim by taking advantage of the victim’s arms and legs and preventing the victim from taking advantage of the victim’s arms before the Defendant reached the sexual intercourse. C) in light of the aforementioned legal principles, the Defendant appears to have started the commission of the crime of quasi-rape under the condition of the victim’s mental or physical disability or refusing to resist and reached the sexual intercourse against the victim’s will. As such, it is reasonable to punish the Defendant as the part of the crime of

The judgment of the court below is with the same purport.