2. Determination:

A. It is extremely difficult to expect the existence of a direct physical evidence or witness due to the nature of the crime of adultery between men and women in law, since it is committed under the circumstances in which it is difficult to identify from the outside or extremely between the parties in light of the nature of the act.

As such, when it is recognized that a criminal act was committed in accordance with the empirical rule by comprehensively taking account of all indirect evidence about the circumstances before and after the crime, it is reasonable to determine whether to prosecute the criminal defendant (see, e.g., Supreme Court Decision 2007Do4977, Nov. 27, 2008). However, the burden of proof on the criminal facts prosecuted in a criminal trial is to be borne by the prosecutor, and the conviction is based on the evidence with probative value that makes the judge feel true to the extent that there is no reasonable doubt. Thus, if there is no sufficient evidence to acknowledge the fact that the criminal act of sexual intercourse was committed, the suspicion of guilt is against the criminal defendant even if there is no evidence to prove

Even if there is no choice but to judge the interests of the defendant.

(Supreme Court Decision 2014Do3163 Decided June 12, 2014, etc.). B.

However, it is admitted as evidence to support the fact that the Defendants committed sexual intercourse as shown in the instant facts charged. ① The Defendants recognized that the Defendants sent Tinsan E traveling along at the place indicated in the facts charged, ② Defendant A sent an expression, i.e., “Minuri-ri” Ma on August 14, 201, and opened a hindo, “Min-ri” Ma on April 5 to 5, 201, and then moved to a hindo, hin-do, and hind. h., h. to a h.h., to a h., a h., a h.h., a h., a h.h., a h., a h.m., a h., a h.-h.,