강간
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. The summary of the facts charged is that the Defendant had a pro rata relationship with the victim C (V, 24 years old) and was working for the Defendant around March 15, 2015.
On March 16, 2015, the contact information was sent to Eart, and the contact information was sent to the D building in Seoul Special Metropolitan City, Nowon-gu around the new wall.
At around 03:00 on March 16, 2015, the Defendant, while talking with the victim on the stairs of the first floor of the building D above, was unable to resist against the victim due to the following: (a) having the victim rape; (b) having the victim's arms and forced the victim's shoulder by being towed with the above stairs; and (c) having the victim pushed the victim's shoulder by being pushed off on the floor; and (d) having the head go against the ground by cutting the victim's shoulder up on the floor; and (b) forcedly, the Defendant she ended off the victim's panty panty and panty, and had the Defendant's sexual organ inserted into the part of the victim's sound, and had sexual intercourse once with the victim.
Accordingly, the Defendant raped the victim.
2. Determination
A. The establishment of a crime in a criminal trial ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach the extent that such conviction may lead to such conviction, the determination should be made in the interests of the defendant even if there are suspicions of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal (see, e.g., Supreme Court Decision 2010Do1487, Apr. 28, 201). Meanwhile, in order to establish a crime of rape, the perpetrator’s assault or intimidation must be such a degree as to make it impossible or considerably difficult for the victim to resist, and whether the assault or intimidation was likely to make it impossible or considerably difficult for the victim to resist, or significantly difficult to resist, the determination should be made by comprehensively taking into account all the circumstances such as the content and degree of such assault and intimidation, developments leading to the use of force, the relationship between the victim and the victim, sexual intercourse at the time, and subsequent circumstances (see, Supreme Court Decision 99.