준강간미수
The defendant shall be innocent.
1. The summary of the facts charged and the victim B (the 20-year age) are between the middle school dong and the middle school dong.
Around September 30, 2019, the Defendant and the victim entered the Danyang-si Donyang-si to drink together with Dozers at the main point located in the Manyang-si, and drink with Dozers on October 1, 2019 to drink and rest together on October 1, 2019.
On October 1, 2019, between 04:00 and 05:00 on the same day, the Defendant was trying to see the victim's sexual organ in the above Damo E room where the victim was under the influence of alcohol with the victim and was used as a beer for the victim's suffering from the beer of the victim's sexual organ; the victim was her sexual organ around the victim's sexual organ; her panty and panty were her panty; and her finger was her sexual organ into the victim's sexual organ; then the Defendant tried to her own bridge and clothes; and her sexual organ was put into the victim's sexual organ by taking the Defendant's sexual organ into the victim's sexual organ; however, the Defendant did not have come into the victim's sexual organ.
Accordingly, the defendant tried to rape the victim by taking advantage of the victim's state of impossibility to resist, but was attempted.
2. The defendant and his defense counsel's assertion that they had the victim's sexual intercourse with the victim's consent, left the victim's panty, left the victim's panty and panty, put the victim's panty into the victim's sexual organ, and tried to put the victim's sexual organ into the victim's sexual organ, but the victim suspended locked, but did not attempt quasi-rape as shown in the facts charged.
3. The prosecutor bears the burden of proving the facts charged charged in a criminal trial of the relevant legal doctrine, and the conviction of the guilty ought to be based on the evidence of probative value, which makes the judge not having any reasonable doubt as to whether the facts charged are true. Therefore, if there is no such evidence, the suspicion of guilt against the defendant is doubtful.
Even if there is no choice but to judge the interests of the defendant.
Supreme Court Decision 2008Do4467 Decided July 24, 2008 and Supreme Court Decision 2010.