The judgment of the court below is reversed.

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

1. The summary of the grounds of appeal is as follows: (a) at the time of the instant case, the victim did not have the state of mental or physical disability under the influence of alcohol or failing to resist; and (b) the victim’s bodily injury does not constitute the injury of quasi-rape; (c) however, the lower court convicted the Defendant of the charge; and (d) in so doing,

2. The facts charged and the judgment of the court below

A. On April 21, 2013, the Defendant found the victim E (the age of 19) who was under influence of alcohol in front of Seocho-gu Seoul, Seocho-gu, Seoul, and found the remainder of alcohol, and accessed the victim and made the victim an access to the “F,” thereby making the victim drink an additional alcohol, thereby getting the victim unable to hold the body of the victim properly under the influence of alcohol.

After that, at around 06:10 on the same day, the Defendant moved to the H hotel located in Gangnam-gu Seoul Metropolitan City with the victim to the taxi, calculated accommodation expenses from the Kabter, laid the victim into the guest room 501, laid the victim from the bed, laid off the victim's clothes, laid off the victim from the bed, and sexual intercourse by inserting the victim's sexual organ into the part of the victim's sound, and thereby, the Defendant suffered a 0.7 cm amounting to 0.7 cm in the aftermath of the victim's aftermast.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's state of impossibility to resist, and thereby the victim suffered an injury with which the number of days of treatment cannot be known.

B. The lower court found the Defendant guilty on the charges by comprehensively taking account of the victim’s condition on the day of the instant case, the circumstances before and after the instant case, and the victim’s statement, etc., that the victim was in a state of failing to resist at the time, and that the injury suffered was caused by the

3. Judgment of the court below

A. Article 299 of the Criminal Act provides “The state of non-entry” is inconsistent with Articles 297 and 298 of the Criminal Act.