The defendant shall be innocent.

1. On March 22, 2016, the summary of the facts charged: (a) the Defendant, at the back-line E of the Defendant, Heung-gu, Heung-gu, Heung-gu, Cheongdong-gu, Cheongdong-gu, Dalla 401, drinked drinking together with E, E, victim F, and 30 years of age; and (b) the Defendant, under the influence of alcohol, went off the victim’s lower panty and panty; and (c) had sexual intercourse once.

Accordingly, the defendant raped the victim by taking advantage of the mental condition of the victim.

2. Determination

A. The relevant legal doctrine 1) The burden of proving the criminal facts indicted in a criminal trial is to be borne by a public prosecutor, and the conviction is to be based on evidence with probative value sufficient for a judge to have a reasonable doubt that the facts charged are true. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, the crime of quasi-rape under Article 299 of the Criminal Act is established by taking advantage of the person's mental disorder or state of inability to resist. In order to constitute such a crime, the crime of quasi-rape under Article 299 of the Criminal Act is established by taking advantage of the person's mental disorder or state of inability to resist. As an objective constituent element, the victim is unable to make a normal decision, or the victim's sexual demand cannot be physically and physically refused due to the loss of mental capacity, and the defendant has to be proved by taking advantage of the victim's mental disorder or ability to resist, and the defendant has to have sexual intercourse with it as a subjective constituent element.

B. In light of the above legal principle as to the establishment of the crime of quasi-rape, there is room for doubt as to whether the Defendant did not have sexual intercourse with the victim, who was in the state of mental disorder at the time of the instant case, in light of the following circumstances, comprehensively adopted and examined by this court.