준유사강간
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. On July 23, 2017, the Defendant, at the “C” pande of the new wall game Gao-gun B, sent alcohol to the Defendant with the members of the club club, together with the victim E (the 29-year old age), who is a member of the club of the same club, and went together with the Defendant. The Defendant was under the influence of alcohol in the lower room of the first floor of the above panty F, and was under the influence of alcohol, and was exempted from the victim’s half-boo and clothes, and then was frighted into the part of the victim’s drinking part, and was frighted by entering the victim.
In this respect, the defendant used the victim's state of resistance impossibility to bring his fingers into the victim's sexual organ.
2. Determination
A. Standard 1) The burden of proving the facts constituting an offense prosecuted in a criminal trial is imposed on the prosecutor. The conviction should be based on evidence with probative value sufficient to have a judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it should be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2011Do7261, Nov. 10, 201). 2) In order to find the defendant guilty of the facts charged solely based on the victim's statement only on the victim's statement, it is necessary to have high probative value to the extent that there is little doubt about the authenticity and accuracy of the statement. The determination of whether the statement has probative value required in a criminal trial by closely verifying the reasonableness, consistency, objective reasonableness, etc. of the statement made by the victim, and whether the statement satisfies the probative value required in a criminal trial should be made carefully from the investigative agency to the victim's allegation consistently (see, e.g., Supreme Court Decision 2011Do16413).
Among the evidence corresponding to the facts charged of this case, the victim's statement.