Around 02:00 on October 11, 2018, the Defendant requested the victim to drink the alcohol with the victim, and from around 03:00 to 06:00 on the same day, the Defendant left the victim’s arms on the bed, put them on the bed while drinking from the victim at the 7th point of “C” between 03:00 to 06:00 on the same day, and left the victim’s panty, “I am off the part so that I do not get off the panty and do not leave the panty,” and then left the part of the victim’s panty.

After using the elbow, the defendant was unable to attract the victim's bridge to her hand, and then inserted his sexual organ into the part of the victim's sound.

Accordingly, the Defendant raped the victim.

2. Although the Defendant and his defense counsel had sexual intercourse with the victim at the time, there was no fact of rape due to violence or intimidation.

3. Determination

A. The prosecutor bears the burden of proving the facts charged in the relevant legal doctrine criminal trial, and the finding of guilt must be based on the evidence proving that the judge is true enough to have a reasonable doubt, so long as there is no reasonable doubt. Therefore, if there is no such evidence, the doubt of guilt against the defendant even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

On the other hand, assault and threat of a perpetrator should be such as to make it impossible or considerably difficult to resist the victim. Whether assault and threat was made impossible or considerably difficult to resist the victim, not only the content and degree of such assault and threat, the circumstances leading up to exercising force, the relationship with the victim, and the circumstances at the time of sexual intercourse, etc.