준강간미수
The defendant shall be innocent.
1. On November 13, 2015, the Defendant of the facts charged of the instant case: (a) took the victim D (the 23 years of age) first met at the corner of the Dong Chang-gu and Dong Chang-gu; (b) took a cab with the victim getting out of the drinking place to return home; (c) took the victim getting out of the same cab as the victim; (d) had the victim talked with the victim; and (d) had the victim come out of the Felto in the Y-gu, Seoul; and (e) had the victim come out of the Felto in the Y-gu, Seoul; and (e) had the victim go out of the clothes of the victim under the influence of alcohol at around 07:40 on November 14, 2015; and (e) had the victim go out of the clothes of the victim under the influence of alcohol, and did not have the victim resisted his body and resisted the victim; and (e) had the victim failed to do so.
2. The Defendant and his defense counsel’s assertion is merely a fact that the Defendant, at the main point, took a drunk victim into the telecom, and did not have any act, such as off clothes for rape of the victim.
3. Determination
A. In a criminal trial, the burden of proof for the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.
(see, e.g., Supreme Court Decision 2012Do5301, Oct. 11, 2012). In addition, the crime of quasi-rape under Article 298 of the Criminal Act is established by having sexual intercourse by taking advantage of the person’s mental condition or the state of failing to resist. “Insane” refers to a crime of quasi-rape under Article 298 of the Criminal Act, which is committed by having sexual intercourse with another person’
Even if he or she temporarily loses consciousness due to drinking, drug, etc. or drinking, etc., he or she has not lost consciousness completely.