The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The summary of the facts charged in the instant case is the Plaintiff’s name at the victim’s University B (V, 25 years old).

On May 6, 2017, the Defendant: (a) around 19:00, within the 5-story curherical room in Nam-gu Incheon Metropolitan City, and (b) under the influence of alcohol, she was drunk off with the victim’s will and panty, and tried to put the Defendant’s sexual organ into the victim’s negative part; (b) but did not put the Defendant’s sexual organ into the victim’s negative part; (c) did not put into the victim’s sexual organ into the victim’s negative part; and (d) did not put the Defendant’s sexual organ into the victim’s negative part.

Accordingly, the defendant attempted to quasi-rape the victim by taking advantage of the victim's resistance impossibility, but attempted to commit such quasi-rape.

2. The defendant and defense counsel's assertion and judgment

A. Although the alleged defendant met the victim's chest and satis, etc. in the sexual defense trial, there is no fact that he/she exceeded the victim's clothes or attempted to have a sexual intercourse with the victim, as stated in the facts charged, and the defendant at the time was shouldered by the victim at the time.

I did not understand that there was a mental or physical loss or resistance impossibility, and the victim actually did not have a mental or physical loss or resistanceable condition because he was at the time of the crime because he was a shouldered condition at the time of the crime.

B. Determination 1) Under the relevant legal doctrine, the crime of quasi-rape under the Criminal Act is an offense established by sexual intercourse by taking advantage of a person’s mental or physical loss or arbitrariable condition, and is legally protected to protect a person who is unable to defend himself/herself due to mental and physical circumstances.

In light of such legal interests, the term “mental or physical loss” referred to in the quasi-rape of rape refers to a situation in which one cannot exercise his/her normal response capability and judgment ability for sexual acts due to mental disorders, food disorders, etc.

In addition, Article 299 of the Criminal Code is the same person who has sexual intercourse or indecent act by taking advantage of the person's mental or physical loss or incompetence.