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

1. From April 8, 2014, the Defendant: (a) around 00:39 on April 8, 2014, around 01:05 on the same day, 207 “D hotel” in Mapo-gu Seoul Metropolitan Government; (b) the victim E (the age of 21) who was a student of a new university after drinking alcohol was placed on a hotel with the above hotel of the full-time withdrawal; (c) sexual intercourse with the victim under the influence of alcohol to resist; and (d) sexual intercourse with the victim under the influence of alcohol; and (d) thereby, the Defendant suffered from the masposis in which the number of days of treatment cannot be determined.

2. Although the Defendant and the defense counsel have sexual intercourse with the victim, the victim has sexual intercourse with the victim’s consent, and the victim was not under the influence of alcohol to the extent that the victim was unable to resist at the time.

3. According to the legal statement of the F of the judgment witness F, and the CD for the storage of DNA CCTV data, etc., the victim seems to have taken a considerable amount of time at the time of the instant case.

However, in full view of all the following circumstances acknowledged by witness E, F, G’s legal statement, written statement prepared by H, investigation report (a letter sent by the victim after the suspect was investigated and accompanied by a photographed document), D CCTV storage CDs, telephone conversationss, and fact-finding inquiry reply to the Seoul Yangcheon Police Station, the evidence submitted by the prosecutor alone was in a state of mental or physical disorder or impossible for the victim as at the time when the victim was under the influence of alcohol.

It cannot be deemed that the defendant has proved to the extent that there is no reasonable doubt that he/she has sexual intercourse with the victim by taking advantage of the above victim's status.

① G and H made a statement to the effect that at the time when the victim was present in a drinking place, the victim did not take a heavy drinking, and the Defendant or the victim did not take an additional drinking after he fell with G and H.

(2) Even if the victim was suffering from a drinking place, he/she shall enter a hotel for about one hour from the end of the drinking place to the time before entering the hotel.