The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

1. The summary of the facts charged reveals that the Defendant came to know of the Victim C (V, 40 years of age) with a number of 16 times compared to the Defendant through mobile phone hosting. Around August 14, 2016, the Defendant provided D dialogues among each other, and performed drinking as the first time only at the victim’s residence.

Around 00:10 on August 15, 2016, at the residence of the victim in Ansan-gu, Simsan-si, the Defendant: (a) exceeded the victim’s panty, and attempted to rape by drinking alcohol at the victim’s inside and outside of the room; and (b) tried to commit rape by putting the victim on the floor by force; (c) the victim gets out of the room and her panty; (d) the victim gets out of the room at the time when her booms the victim’s breath, and her click, etc.; and (d) the victim was able to rape the victim after her being towed by the ward, and tried to rape the victim, but she was frighted with sound, and she did not commit so with the wind to report the door to the police after getting out of the room.

2. Determination

A. Criminal facts in a criminal trial ought to be established based on strict evidence with probative value that leads a judge to have a reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach the extent that such convictions may lead to a defendant’s assertion or defense, and even if there is suspicion of guilt, such as inconsistency with the defendant’s assertion or defense or uncomfortable dismissal, it should be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2010Do1487, Apr. 28, 201). In particular, where the defendant consistently denies the facts charged and where the victim’s statement is practically only based on direct evidence that conforms to the facts charged in the record, in order to find the defendant guilty on the basis of the victim’s statement, there is a high probative value that is sufficient to doubt about the authenticity and accuracy of the statement.