The prosecutor's appeal is dismissed.

1. In full view of the following circumstances, the victim at the time of sexual intercourse with the defendant should be deemed to have been in a state of mental disorder by drinking.

Co-defendant A(the original trial) of the defendant stated in the prosecutor's office that "the victim has come to the room of us (the defendant and the A) so that he would be able to do so, and that he is under the influence of alcohol." At the time, the victim seems to have been already a state of drinking a considerable amount of alcohol.

The court below's rejection of the credibility of the evidence with respect to the blood alcohol concentration calculated by an investigative agency is improper.

2. Determination 1) On February 9, 2014, around 00:00, the Defendant and A, as a fluoralian, had a fluoralian, called “Enat” located in Bupyeong-gu Incheon, and had a fluoral female, colored the female, and attempted to rape. The Defendant, around 05:00 on February 9, 2014, told the victim F (at 21 years old) under the “Enat” to the effect that the victim was under the influence of alcohol by using the brual condition, and had a view to forced rape of the victim. The Defendant, at the same time on the same day, did not appear to have a bluoral body from the said “Enat,” and did not have a bluoral body from the said “Enat,” and did not have a sexual intercourse with the Defendant’s employees, at the time of 25:34, the lower court held that it was difficult for the Defendant to have a brut or h from the Defendant’s body.