On February 29, 2016, at around 21:00, the Defendant sent the victim to the restaurant located near Geumcheon-gu Seoul Metropolitan City, and provided meals. During that process, the Defendant got back to the house of the victim who was in the restaurant by requesting the victim to put music files into the mobile phone.

On February 29, 2016, at around 23:30 on February 29, 2016, the Defendant completed the work of inserting music files into the victim’s cell phone in place of the victim, and lying away on behalf of the victim, and discovered the victim with covered the fluor and locked on the floor of the living room, and met the victim’s growth and bridge by hand.

Therefore, when the victim resisted against the defendant, the defendant was pushed the victim, and the defendant got the victim covered with his/her head to the upper body of the victim, supposed the victim's resistance, supposed the victim's resistance, and supposed the victim's bridge, tamp, tamp, and off the victim's clothes, and sexual intercourse once with the victim.

Accordingly, the defendant raped the victim by assault.

2. Determination

A. The Defendant and his defense counsel’s arguments are without any violence and intimidation against the victim, such as sub-confising the victim’s body over the victim’s body, and there is no sexual intercourse with the victim.

(b) Results of the jury verdict - Four jurors: - Three jurors.

3. In conclusion, the facts charged in the instant case constitute a case where there is no proof of facts constituting a crime, and thus, a judgment of innocence is rendered after Article 325 of the Criminal Procedure Act.