2. Determination

A. Article 307(2) of the Criminal Procedure Act provides that “The recognition of a criminal fact shall reach the degree of proof with no reasonable doubt.”

Therefore, the conviction in a criminal trial should be based on evidence of probative value, which leads a judge to the conviction that the facts charged are true beyond a reasonable doubt.

In a case where the evidence submitted by the prosecutor alone does not reach the degree of conviction, the determination should be made with the benefit of the defendant even if there is a suspicion of guilt.

(2) In order to establish the crime of rape, the perpetrator’s assault and threat shall be limited to the extent of making it impossible or considerably difficult to resist the victim. Whether assault and threat was made to make it impossible or considerably difficult for the victim to resist, and whether assault and threat was made to the extent of making it impossible or considerably difficult for the victim to resist, shall be determined in full view of all the circumstances, including the content and degree of assault and threat, the developments leading up to exercising force, the relationship with the victim, and the circumstances at the time of sexual intercourse, etc.

(see, e.g., Supreme Court Decision 2001Do4462, Oct. 30, 2001). B.

In full view of the circumstances in the judgment below, the court below found the defendant not guilty of the facts charged in this case on the ground that it cannot be deemed that there was no reasonable doubt as to the fact that the defendant exercised the force of force that makes it impossible or considerably difficult to resist the victim.