The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the victim was under the influence of alcohol at the time of the sex relationship of the instant case, but the court below rendered a judgment that acquitted the Defendant of the erroneous determination of facts.

2. The lower court determined: (a) from CCTV images taken by the Defendant and the victim only at a club to about 20 minutes before entering the club, it seems that: (b) the victim seems to have been able to assist him in an urgent situation, such as: (c) the victim’s her hands and walked; (d) the victim’s walking from the side or following the Defendant; (c) the victim’s continuous operation of mobile phones during the walking; and (d) the victim naturally entered the telecoming room with the Defendant; and (e) the victim’s breathm or the victim’s breathum was not confirmed; and (b) the victim was able to find out the victim’s c) from around 05:40 to 054, in light of the circumstances where it was difficult for the victim to request the victim to have sexual intercourse with the Defendant at the time of this case’s refusal to resist; and (d) the victim continued to have sexual intercourse with the Defendant at the time of such request.

There is no reasonable doubt that the defendant has sexual intercourse with the victim with the victim with the victim's mental or physical knowledge of the victim's mental or physical disability.