The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (related to quasi-rape) is consistent with this part of the facts charged from the investigative agency to the court below. In full view of the video photographs taken by the victim at the time and the statements made by the J investigative agency, it is recognized that the defendant rapes the victim under the influence of alcohol.

Nevertheless, the judgment of the court below rendered a not guilty verdict on this part of the facts charged, which erred by misunderstanding facts and affecting the conclusion of the judgment.

Judgment

On November 28, 2015, the Defendant, at a main point where it is impossible to find out the trade name in the Dong-gu, Daegu East-gu, Daegu-gu, Dong-gu, with a new wall time, drinks with the victim E (the age of 20) and alcohol that he came to know during about one month prior to the new wall time.

The Defendant, when the victim was breadly drunk and was unable to properly hold the victim’s body, was able to rape the victim by using it, and she was frighting the victim with the “Del” located in Daegu Dong-gu C, and she was off the victim’s clothes, and she took off the victim’s clothes at one time.

As a result, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss, or the impossibility of resistance.

Judgment

In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court determined that the Defendant was sufficiently proven to have sexual intercourse with the victim at the time when the victim was physically and mentally deprived or was unable to resist, and that the Defendant had sexual intercourse with the victim by using the aforementioned

It is difficult to see it, and judged not guilty of this part of the facts charged on the ground that there is no other evidence to acknowledge it.

The victim at the time does not completely memory the process in which he/she had sexual intercourse with the defendant by drinking alcohol.

The fact that only the photographing part of the series of statements is specific and clear memory in the process of the statement is a situation that raises doubt about the credibility of the statement.

The injured party's sexual intercourse.