The defendant is innocent. The summary of this judgment shall be notified publicly.

The request for the attachment order of this case is dismissed.

1. The summary of the facts charged is that the Defendant drinks alcohol with the victim D (at the age of 20) at the home of the victim D (at the age of 20) in Daegu-gu from March 26, 2016 to March 27, 2016.

The Defendant, under the influence of alcohol, had the victim breath and the victim breath to have sexual intercourse with the victim by using that in a state where it is impossible for the victim to resist by drinking, and inserted his sexual organ on the body of the victim into the negative part of the victim.

이에 피해자가 잠에서 깼다가 술기운에 다시 잠이 들자, 피고인은 2016. 3. 27. 09:30경 피해자가 잠이 들어 항거할 수 없는 상태에 있음을 이용하여 다시 간음하기로 마음먹고, 피해자의 몸 위에 올라타 자신의 성기를 피해자의 음부에 삽입하였다.

Accordingly, the defendant has sexual intercourse twice with the victim by taking advantage of the victim's mental or physical condition of non-fluence.

2. Summary of the defendant and his defense counsel

A. At the time of the sexual intercourse with the Defendant, the victim was in a clear state of ordinary consciousness and decentralization, and agreed to sexual intercourse or implied consent was given.

B. Even if the victim was under the influence of alcohol or unable to resist due to sleep, the Defendant did not recognize such circumstance and did not have any intent to use the victim’s status.

3. Relevant principles.

A. In a criminal trial, the establishment of facts constituting an offense ought to be based on strict evidence of probative value, which leads to a judge to have a conviction that is beyond a reasonable doubt. Thus, in a case where the prosecutor’s proof was not sufficiently enough to achieve such conviction, even if the defendant’s assertion or defense is inconsistent or unreasonable, it is inevitable to determine the defendant’s interest even if there is suspicion of guilt, such as where the defendant’s assertion or defense is inconsistent or unreasonable.

B. Meanwhile, the crime of quasi-rape under the Criminal Act is in the state of human mental or physical disorder.