The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the court below acquitted the defendant of the facts charged in this case, although the defendant could sufficiently recognize that the defendant had sexual intercourse with the victim E under the influence of alcohol by taking advantage of the impossibility of resisting the victim E.

2. Determination

A. The summary of the facts charged in the instant case is as follows: (a) the Defendant was aware of the Victim E at the parents association of elementary school (n, 36 years of age); (b) on November 13, 2016, Gel 103 located in F in Ansan-si around 03:00 on November 13, 2016, the Defendant had sexual intercourse with the victim by putting the victim out of the victim’s rocks and clothes and inserting the sexual organs into the part of the victim’s sound, using that in a state where the victim was unable to resist by drinking.

B. In light of the following circumstances acknowledged by the lower court based on the evidence admitted by the prosecutor, the lower court, based on the evidence presented by the prosecutor, proven that the victim was physically and mentally lost or resisted at the time of the instant case, or that the Defendant was aware that he/she had sexual intercourse with the victim by using the evidence to the extent that there is no reasonable doubt

The Defendant acquitted the instant facts charged on the ground that it is insufficient to view it and there is no other evidence to prove it.

1) The victim stated in the investigative agency that “not less than 3 Mauritiuss do not cut off the film” or that “a small medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium.

The so-called "nurical drinking" is not only a subjective judgment as to which degree of drinking has been made when the drinking in question dices, but also a standard is not clear at a specific point.