A. On March 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Special Rape) reported that the victim E (here 22 years old) appears to have escaped near the bus stops located in Ulsan-gu, Nam-gu, Ulsan-gu, Seoul-do, on the following grounds: (a) had access to the victim by reporting that the victim E was obscencing around the surrounding area; (b) had taken back the victim from the Ulsan-gu F and 104 dong, his residence.

그 후 피고인은 위 장소에서 피해자의 옷을 강제로 벗기면서 성관계를 요구하였으나 피해자가 이를 거부하자, ‘죽일 것 같은 표정’으로 피해자를 노려보고 주먹으로 때리는 시늉을 하여 이에 겁을 먹은 피해자로 하여금 자신의 성기를 빨게 하고, 피해자가 “살려주세요”라고 소리를 지르면서 도망가려고 하자 피해자를 잡아 넘어뜨려 흉기인 식칼을 목에 들이대면서 “소리지르면 죽여버린다. 가만히 있어라. 내가 시키는 대로 안하면 너를 죽여 버리겠다.”라고 협박하여 피해자의 반항을 억압한 후 1회 간음하였다.

After all, the Defendant raped the victim with a deadly weapon.

B. On the same day as the preceding paragraph, the Defendant: (a) had the victim, who was frighten in the outer appearance, without escape due to the above assault and intimidation, prompted the victim’s sexual organ; and (b) had sexual intercourse once.

Ultimately, the Defendant raped the victim.

2. The Defendant and his defense counsel did not know the victim at all, and did not rape by threatening the victim with a deadly weapon at the time, time, place specified in the facts charged, or by threatening the victim at the time, place, or by threatening the victim to prevent the victim from escape, and then raped the victim.

3. Determination

A. The recognition of conviction in a criminal trial of relevant legal principles ought to be based on evidence with probative value sufficient for a judge to have a reasonable doubt that the facts charged are true, to the extent that there is no reasonable doubt.