In the end, the defendant has sexual intercourse with the victim by taking advantage of the impossibility of resistance.

2. The summary of the defendant and his defense counsel may not have sexual intercourse with the victim by taking advantage of the victim’s mental or physical loss or impossibility of resistance.

3. Determination

A. The facts constituting the elements of a crime charged in a criminal trial are subject to the burden of proof, whether it is subjective or objective, and the recognition of facts constituting a crime ought to be based on strict evidence with probative value, which has a judge to have a reasonable doubt. Thus, in a case where the prosecutor’s proof fails to sufficiently reach the degree of conviction as above, even if the prosecutor’s assertion or defense is inconsistent or unreasonable, and there is suspicion of guilt, such as inconsistency with the defendant’s assertion or defense, it should be determined with the benefit of the defendant (see, e.g., Supreme Court Decision 2010Do1487, Apr. 28, 2011). Furthermore, in order for the defendant to be found guilty of the facts charged solely based on the victim’s statement only on the victim’s statement, there is a high probative value that is so high as to doubt the authenticity and accuracy of the statement, and whether it satisfies such probative value should be determined by comprehensively taking account of the reasonableness, consistency, objective reasonableness of the victim’s statement, and other personal mental and physical elements of the victim (see Supreme Court Decision 2019Do.