The Defendant exceeded the victim’s panty and panty, laid her chest on his body with his hand, kiddd up with his breast, and forced the victim to enter the body, pushed the victim’s shoulder with both hands, and led the victim to have sexual intercourse once, and raped the victim.

2. Determination

A. The facts constituting the elements of a crime charged in a criminal trial should be based on strict evidence of probative value, which leads to the prosecutor’s burden of proof, whether it is subjective or objective, and the recognition of facts constituting a crime ought to be based on the judge’s reasonable doubt, to the extent that there is no room for reasonable doubt.

Therefore, in a case where the prosecutor’s proof does not sufficiently reach the extent that it would lead to such conviction, even if the defendant’s assertion or defense is contradictory or unreasonable, it should be determined in the interest of the defendant (see, e.g., Supreme Court Decision 2010Do1487, Apr. 28, 201). B) In this case, the defendant’s interest should be determined as follows: (i) the defendant’s first police investigation to the extent that the victim specifically states the fact of damage from the first police investigation to this court to the present court; (ii) the defendant was under panty only in the situation where the victim’s house, who is a female employee, without any special reason, entered the victim’s house; (iii) the defendant sent three or more text messages to mislead the victim on the date of the occurrence of the instant case; and (iv) the defendant prepared and delivered each statement to the same effect at the victim’s request.