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

1. On November 7, 2017, the Defendant suggested that “F” heading “F” heading in the Seogu-gu, Daegu-gu, would drink alcohol together with G, and she would drink alcohol to the victim H (the 23 years of age) who has her married alcohol at that place.”

During that period, the defendant discovered that the victim was able to sleep due to her will while under the influence of alcohol, and caused the victim to her residence of the victim in Daegu-gu E.

At around 04:25 on the same day, the Defendant failed to enter the password of the entrance entrance under the influence of alcohol at the entrance of the front floor of the above victim, and entered the password on behalf of the victim, and entered the victim following the plan of the victim inside the building.

Then, under the influence of alcohol, the Defendant drinked the victim, who was locked up on the her mouth, with a view to similar rape, and flabed the victim’s entrance, kiscing him into the victim’s body, cutting off his chest and her clothes, and put him into the part of the victim’s body.

Accordingly, the Defendant committed similar rape with a victim who is mentally or physically deprived or unable to resist.

2. Although the gist of the Defendant’s assertion was that the Defendant committed an act as described in the facts charged in the instant case, the Defendant and the defense counsel did not in a state of mental and physical loss or resistance by drinking alcohol, and the Defendant did not commit similar rape by recognizing and using the above condition of the victimized person.

3. Determination

A. In light of the fact that the defendant led to the confession of the facts charged in the instant case at the prosecution, and the victim made a statement to the effect that he was able to resist his body even though he had some awareness at the time of the instant case, etc., the defendant was suspected of not committing similar rape by taking advantage of the victim’s resistance impossibility status.

(b) however, if any;