The defendant shall be innocent.

1. Whether the Defendant, at around 02:30 on January 1, 2018, was capable of drinking alcohol from the victim E (the age of 19) who had drinking alcohol together with E, friend D, etc. at the “C” alcohol house located in the Northern-gu, Seo-gu, Seocheon-gu, Seocheon-gu, 2018.

“On request,” became the foregoing drinking house.

From 02:50 on the same day to 04:10 on the same day, the Defendant moved the victim and D to Felel G.

After that day, the Defendant, in mind of having sexual intercourse with the victim at around 04:30 on the same day, took the victim under the influence of alcohol in the above Moel G heading room, and entered the victim with the same Moel H heading room, and went off all the parts of the victim, and inserted the Defendant’s sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with a victim who is mentally or physically deprived or unable to resist.

2. At the time of the instant case, the Defendant, at the time of the victim’s assertion, had the victim left the room with the victim’s friendship D with the victim, and had sexual intercourse with the victim by mutual consent. The victim was not physically or mentally deprived, and had no intention to engage in sexual intercourse with the Defendant by taking advantage of the victim’s mental or physical loss.

3. Determination

A. The crime of quasi-rape under Article 299 of the Criminal Act is established by committing sexual intercourse by taking advantage of the person’s mental or physical loss or the state of impossibility of resistance. In order to constitute the crime of quasi-rape, the victim’s “the state of mental or physical loss or of impossibility of resistance” is not required as an objective constituent element, but it is also acknowledged that the Defendant, as a subjective constituent element, has sexual intercourse with the victim by taking advantage of the victim’s awareness of the victim’s status and its use

The conviction in a criminal trial shall be based on evidence of probative value, which leads a judge to have the conviction that the facts charged are true to the extent that there is no reasonable doubt.

The evidence submitted by the prosecutor is alone.