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Update:
After writing I read some ('some' haha like 3 pages) comments and I see few people think the same way which just makes me think it's even more possible for the forensic guy to be involved. I'm not the only one who finds him shady.
Bang Jin could have seen him coz she has some psychic power like her mother and she doesn't even know about it. That's easy to explain.
Also the scene with Se Joo's father? He might have not seen Jin Oh but the original manuscript for 'Fate' but then why would he said to Se Joo that he shouldn't have it in his workplace? That just doesn't make sense.
Also, he himself acts like people can see him. He even waved to Se Joo's father.
We know WHO he is in terms of his relationship to main couple but WHAT is he? Some people in comment say he might be a ghost but then he could have just disappear when Se Joo's father came into workplace... instead he tried to hide under the table...
His character is just so confusing.
Also he is SO annoying but that's just so charming hahaha
Also by Korean law if a guy have sex unconscious girl it's not a rape since there was no 'violence or intimidation' in the act. Would you agree with it?
And about the fact that men are stronger than women: when man is drunk he might be even weaker than woman because he does not have much control over his body. When you are drunk you feel like your body is twice as heavy. You can barely stand, so there is no way you could fight.
We also need to take into account her state and the motive of her actions: a sober person 'having sex' with someone so drunk.
Truth to be told the scene was REALLY badly captured: it's impossible for him to be not drunk enough to be able to be on top of her and 'take the lead' but at the same time not remember anything next day. Because if take into account he was on top for some time you can argue it was not rape, but if you think about the fact HOW MUCH he was drunk and he definitely had no clear idea what is going on: it could be seen as a rape.