The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Sexual assault against the defendant for forty hours.

1. In full view of the evidence submitted by the prosecutor, it is sufficiently recognized that the defendant had sexual intercourse with the victim who was in a state of mental or physical loss due to the intoxication of alcohol.

Nevertheless, the court below erred by misapprehending the legal principles as to the facts charged of this case.

2. Determination:

A. On January 9, 2014, at around 18:15, the Defendant stated the victim E (n, 24 years of age) and the bill of indictment in the case of the small-scale 2 Byung in the “D main store” located in Gyeyang-gu Incheon Gyeyang-gu Incheon, in the case of the victim E (n, 24 years of age) and the small-scale 2 Byung, but it is acknowledged that

B math, at the main point of “G” located in the same Gu F, around 21:30, the victim and the subcontractor were able to enjoy 1,000 meters of 1,000 mar.

The defendant had the mind to have sexual intercourse with the victim in a state where the victim could not have a proper mind by taking advantage of his mind. On January 10, 2014, the defendant got from around 00:53 to around 01:28, and 01:28 to the "I" in the same Gu H.

On January 10, 2014, the Defendant entered a guest room around 01:28, in order to escape the victim. The Defendant: (a) caused the victim to run a hallway with a corridor in the state of his body, and (b) caused the victim to drive away from the victim.

The Defendant had sexual intercourse once with the victim who once again lost his mind or was in a state of mental or physical loss through drinking.

나. 원심의 판단 원심은, ① 모텔 CCTV 영상에 의하면, 모텔에 들어갈 당시 피해자는 특별히 휘청이거나 피고인에게 기대는 등의 행동을 취하지 않고 비교적 똑바로 걷고 있고, 피해자는 피고인을 뒤따라 입구로 걸어 들어간 점, ② 모텔 1 층 카운터에서도 피해자는 똑바로 서서 피고인의 팔짱을 끼고 있고, 피고인이 결제 후 자연스럽게 손을 잡고 걸어가 엘리베이터를 탔으며, 7 층에서 내려 객실로 가는 도중 피해자가 다소 휘청이고 피고인이 피해자를 부축하기는 하나...