준유사강간
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. On July 23, 2016, from around 01:32 to 02:09 on the same day, the Defendant discovered the victim E (the victim E (the 30-year age), who was drunk from the main toilets of “D” located in Gangnam-gu Seoul Metropolitan Government, and was unable to keep the mind by drinking from the toilets adjacent to toilets located in Gangnam-gu Seoul, Seoul, and putting the knife in a pande by raising the victim's standing, spreading the knife with the knife, cutting the knife, and placing the knife in the panty of the knife.
Accordingly, the defendant used the victim's resistance impossible condition to resist, thereby committing similar rape.
2. Determination
A. The facts constituting the elements of a crime prosecuted in a criminal trial are the prosecutor’s burden of proof, and the recognition of facts constituting a crime must be based on strict evidence with probative value, which leads to a judge to have no reasonable doubt. Thus, in a case where the prosecutor’s proof fails to sufficiently reach the extent that such conviction would lead to such conviction, it should be determined in the interests of the defendant even if there is doubt of guilt, such as the defendant’s assertion or defense contradictory to or without doubt.
In a case where evidence conforming to the facts charged is actually the victim’s statement, in order to find a guilty guilty of the facts charged, the victim’s statement requires high probative value to the extent that there is no doubt as to the authenticity and accuracy of the statement. In determining whether such probative value exists, the victim’s statement should be comprehensively taken into account the reasonableness, consistency, objective reasonableness, etc. of the victim’s statement (see Supreme Court Decision 201Do16413, May 10, 201). Article 299 of the Criminal Act provides that a person who has sexual intercourse or indecent act by taking advantage of the victim’s mental or physical loss, or the state of resistance, shall be punished as the crime of rape, similar rape, or forced indecent act under Articles 297, 297-2, and 298.
Here, the state of non-recoverability is called
§ 297.