The defendant shall be innocent.

1. 공소사실의 요지 피고인은 2020. 1. 7. 06:30경 여수시 B모텔 C호 객실에서 피해자 D(가명, 여, 18세)과 함께 술을 마시다가, 술에 취해 잠든 피해자의 상의와 하의, 팬티를 벗기고 몸 위에 올라타 가슴 부위를 핥는 등 애무하였고, 잠에서 깬 피해자가 이를 거부하면서 피고인을 밀쳐내려고 하자 피해자의 손목을 붙잡고 다리를 움직이지 못하게 하여 반항을 억압한 뒤 피고인의 성기를 피해자의 음부에 삽입하고, “임신시켜 버린다, 짜증나게 하지 마, 죽여 버린다, 꽃뱀 짓 하려고 일부러 그러냐”라고 말하였다.

Accordingly, the Defendant raped the victim.

2. The defendant and his defense counsel's act of sexual intercourse with the victim on the day when the case occurred and the victim rejected the sexual intercourse with the victim's own rejection, and there is no rape as shown in the facts charged.

3. Determination

A. The recognition of facts constituting an offense in a related legal doctrine criminal trial ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Thus, in a case where the prosecutor’s proof fails to sufficiently reach the extent that such conviction would lead to such conviction, it should be determined in the interests of the defendant even if there is suspicion of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal.

(see Supreme Court Decision 2010Do14487, Apr. 28, 2011). Direct evidence consistently denying the facts charged by the Defendant, which corresponds to the facts charged, is practically a victim’s statement, and the remainder of the evidence is merely hearsay evidence based on the victim’s statement, etc., in order to find the Defendant guilty of the facts charged solely based on the victim’s statement, there is high probative value to the extent that there is little doubt about the authenticity and accuracy of the statement.