The defendant is innocent. The summary of this judgment shall be notified publicly.

1. On February 1, 2016, around 03:30 on February 1, 2016, the Defendant: (a) had the victim E (at the age of 20) who had dance at a nearby club (at the time of drinking, 20 years) and drinking at the D station located in Mapo-gu Seoul Metropolitan Government; and (b) had the victim’s body under the influence of alcohol, and had the victim her mother to have sexual intercourse with the victim.

On February 1, 2016, at around 04:43, the Defendant had sexual intercourse with the victim by using the victim’s physical and mental loss, such as dump, styp, styp, and panty styp, styp, and panty styp, where the victim was placed on the part of the victim, she was discharged from the victim, and she was laid off from the victim’s sexual organ into the part of the victim’s sexual organ inserted the victim’s sexual organ into the part of the victim’s sound.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court, the evidence alone submitted by the prosecutor was in a state of mental and physical loss or resistance against the victim at the time of sexual intercourse.

The recognition is insufficient, and there is no other evidence to prove it.

① The victim stated from the investigative agency to this court that “from D, the Defendant was in a sexual intercourse with his body when he was in a locked mind, and when he was in a new mind, he was in a state of getting off string and playing on her part,” the victim stated from the investigative agency to this court that “if she was in a state of getting off string, she was in a state of getting off her body.

However, the victim was in a situation where mental and physical loss or resistance was immediately impossible solely because the victim was unable to memory the situation at the time of sexual intercourse.

It shall not be readily concluded.

② According to the CCTV images of D, the victim, along with the Defendant on February 1, 2016, shall collect identification cards on his/her own bank from the employees who enter the Da and are in the Kabter on February 1, 2016.

However, there is no breath appearance that seems to be drunk.

(2).