Around 21:00 on the same day, the Defendant: (a) while drinking alcohol at the 5th “Grain Bank” located in F, the Defendant: (b) went home first under the influence of alcohol; (c) went home in a singing room; (d) brought the victim’s arms into a singing room; and (e) tried to rape by: (e) cutting off the victim’s arms from a knee and one hand, divided the victim’s body; (b) knee and knee, knee and kne; (c) knee and knee kne; (d) feld the victim’s body after suppressing the victim’s kne and pan; (d) but, in order for the victim to face a critical situation, the Defendant attempted to commit a crime by voluntarily stopping the victim, thereby resulting in the victim’s shoulder and knebling that require treatment for about 14 days.

2. Determination

A. The recognition of facts constituting an offense in a related criminal trial should 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 fails to sufficiently reach the extent that such conviction would lead to the prosecutor’s above conviction, it should be determined 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 2010Do14487, Apr. 28, 2011). Meanwhile, in order to establish the crime of rape, the perpetrator’s assault and intimidation must be such to the extent that it is impossible or considerably difficult for the victim to resist, and whether the assault and intimidation were likely to make it impossible or considerably difficult for the victim to resist, as well as the content and degree of such assault and intimidation.