Around September 1, 2016, the Defendant sent and received the said victim’s message “D” and sent the said victim the message to a single-speaker in the south of Yongsan-gu Seoul, Yongsan-gu, Seoul, and enticed the said victim to a hotelF around 23:46 of the same day as the time of the promise.

The Defendant had talked with the victim in the above hotel room around the above time, threatening the victim to "be paid compensation for late in the undertaking," brought about the victim's hand to his sexual organ by putting his hand, followed up the victim's body, and prevented the victim from going to his sexual organ, and added the victim's finger to the victim's inner organ, cut off the victim's finger, added the victim's finger to the victim's negative organ, added the Defendant's finger to the victim's negative organ, and inserted the Defendant's sexual organ into the victim's negative organ once.

Accordingly, the Defendant raped the above victim.

2. Although the gist of the defendant's and defense counsel's assertion was the fact that he/she was the victim at the time of the instant case, there was no fact that he/she was sexual intercourse with the victim, and there was no fact that he/she committed violence or intimidation to the extent that she could not resist or make it considerably difficult to resist

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).