Around 03:00 on January 18, 2016, the Defendant met a family meeting at the house of the Defendant located in the Nam-gu Incheon Metropolitan City F and OOOOOOO, and the other families who have drinking alcohol together enter the room, and locked by using the crebs, put the finger into the clothes of the victim who can take part in the part of fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor.

As a result, the defendant raped the victim who is a relative.

2. Determination

A. The burden of proving the facts charged in a criminal trial of relevant legal principles is the prosecutor, and the conviction of guilt is based on evidence with probative value that makes a judge not having any reasonable doubt as to whether the facts charged are true. Therefore, if there is no such evidence, even if there is suspicion of guilt against the defendant, it is inevitable to determine the defendant as the benefit of the defendant.

In particular, in a case where the Defendant consistently denies the facts charged and the victim’s statement is practically the only direct evidence consistent with the facts charged in the record, in order to find the Defendant guilty on the basis of the victim’s statement, the victim’s statement requires high probative value so as to have little doubt about the authenticity and accuracy of the statement. In determining whether the victim satisfies such probative value, the victim’s statement itself should be comprehensively taken into account not only the rationality, consistency, objective reasonableness, but also personal elements, such as the victim’s sexual character (see, e.g., Supreme Court Decision 2011Do16413, May 10, 201). In order to establish the crime of rape, intimidation by the perpetrator may resist the victim.