The defendant shall be innocent.

The summary of the facts charged in the instant case is that the Defendant was aware of the victim E (n, 36 years of age) at an elementary school parent conference, and that the Defendant had sexual intercourse with the victim by putting the victim off the victim’s rocks and clothes from the victim’s inner part by using the victim’s inner part and inserting her sexual organ into the victim’s negative part, at around 03:00 on November 13, 2016, Gel 103 located in F in Ansan-si F in a state of opportuning by drinking.

Judgment

The burden of proof for the facts constituting an offense prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on evidence with probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if the defendant is suspected of guilt, the interests of the defendant should be determined even though he/she is suspected of guilt (see, e.g., Supreme Court Decision 2005Do8675, Mar. 9, 2006). The crime of quasi-rape provided for in Article 299 of the Criminal Act, the crime of quasi-rape, and the crime of quasi-performance by force is established by sexual intercourse or indecent act by taking advantage of a person’s mental or physical loss or resistance impossible condition, and the protection of the right to sexual self-determination is to protect a person who cannot defend himself/herself due to mental or physical circumstances.

Here, loss of mental or physical means a state in which a normal judgment cannot be made on sexual acts due to a mental disorder or food disorder, and a failure to resist means a case in which psychological or physical resistance is impossible due to a cause other than loss of mental or physical, and includes cases in which resistance is absolutely impossible, as well as cases where resistance is considerably difficult.

On the other hand, if the victim is unable to accurately memory the situation at the time of sexual intercourse due to excessive drinking or drug, the condition of the victim confirmed through CCTV screen or witness testimony in order to recognize the victim's mental or physical loss or resistance impossibility.