강간
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. On July 22, 2018, the Defendant: (a) around 23:00 on July 22, 2018, at the Defendant’s residence located in the Daegu Suwon-gu Building C, drinking alcohol with the victim D (influence, 19 years old); (b) demanded the victim from the defect that the victim intends to go to his house, the victim was promptly fluenced with the Defendant’s sexual organ in order for the victim to go to go to his house; (c) flusing the victim’s sexual organ rapidly, fluencing the victim’s sexual organ, fluening the victim’s body, flading the victim’s body into the part of the victim’s sexual organ; (d) flusing the victim’s sexual organ into the part of the victim’s sound; and (d) flusing the victim’s sexual organ into the part of the victim’s body by inserting the victim’s sexual organ into the victim’s body.
Accordingly, the Defendant raped the victim.
2. The gist of the Defendant and the defense counsel’s assertion was the Defendant and the victim drinking alcohol, and sexual intercourse was formed in a natural atmosphere after the oral intercourse.
Despite the fact that the defendant continued to have sexual intercourse for several minutes even though the victim was her only her sexual intercourse, there is no fact that he/she raped by assault or intimidation.
3. Determination
A. The recognition of facts constituting an offense in a criminal trial ought to be based on strict evidence of probative value, which leads to a judge to have a reasonable doubt. Thus, in a case where the prosecutor’s proof fails to sufficiently reach the extent that it would lead to such conviction, the determination should be made in the interests of the defendant even if there is suspicion of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal.
(see, e.g., Supreme Court Decision 2017Do1549, May 30, 2017). In particular, the Defendant consistently denies the facts charged and is a direct evidence that conforms to the facts charged in the record.