The defendant shall be innocent.

Around 04:00 on May 11, 2017, the Defendant viewed the Defendant’s friendship, the victim E (the victim’s age of 18), the victim’s friendship and net film in the 203 defense room located in Jung-gu Seoul, Jung-gu, Seoul, and performed drinking, and the Defendant’s friendship and the victim’s friendship were 207 defense room, the victim’s friendship and the victim’s friendship were 207 defense room, the next side. On the same day, at around 06:00, the Defendant laid off the victim’s kick and panty, and inserted the sexual flag on the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental and physical loss.

Judgment

The crime of quasi-rape under Article 299 of the relevant legal principles is established by taking advantage of a person’s mental or physical loss or arbitrariable condition. In order to constitute the crime of quasi-rape, the victim’s “the state of mental or physical loss or arbitrariable condition” as an objective constituent element, and furthermore, the victim’s intent to have sexual intercourse with the Defendant by taking advantage of the victim’s awareness of the victim’s status as a subjective constituent element should be acknowledged.

The facts charged in a criminal trial must be proven by the prosecutor, and the judge should be convicted with evidence having probative value that leads to the conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, the interests of the defendant should be determined (see Supreme Court Decision 2005Do767, Apr. 15, 2005). In light of the following facts and circumstances acknowledged by the evidence duly adopted and duly examined by the court, the victim's statements by this court and investigative agency are likely to believe as they are, and the evidence submitted by the prosecutor is insufficient to resist the victim at the time of the instant case.