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The defendant shall be innocent.
Reasons
1. The summary of the facts charged was around 20:0 on June 9, 2017, the Defendant, at around 20:0, 2017, had a male-friendly drinking C, E, the above C, the victim, and F, and around 23:00, the Defendant saw the Defendant into a small room, and the Defendant sleep into the room, and the victim and C, until around 01:40 on June 10, 2017, they drink the alcohol and drink the alcohol, and the victim and C were divingd from the bed from the bed side of the bed, but after that, the Defendant was able to drink the victim by entering the bed while the victim was under the influence of alcohol.
At around 05:00 on June 10, 2017, the Defendant: (a) exceeded, by hand, the part of the victim’s chest, which was frightened by drinking inside the said apartment; (b) exceeded, by hand, the part of the victim’s chest and the part of the chest, which was frightened after drinking the victim’s chest; and (c) inserted, by hand, the part of the victim’s sound with his finger, into the part of the victim’s sound.
As a result, the defendant had sexual intercourse with the victim by taking advantage of his mental and physical loss or her non-refluence status.
2. Determination
A. The recognition of facts constituting an offense in a related criminal trial ought to be based on strict evidence of probative value, which makes a judge not to have any reasonable doubt. As such, in a case where the prosecutor’s proof fails to sufficiently reach the extent that it would lead to such conviction, even if there is suspicion of guilt, such as inconsistency with the Defendant’s assertion or vindication, or uncomfortable dismissal, it should be determined in the interests of the Defendant (see, e.g., Supreme Court Decision 2012Do3722, Sept. 26, 2013). Article 299 of the Criminal Act provides that a person who has committed sexual intercourse or indecent act by taking advantage of a person’s mental or physical loss or resistance impossible condition shall be punished as the crime of rape or similar rape or coercion under Articles 297, 297-2, 298 of the Criminal Act, or the crime of indecent act by force.
Here, it is impossible to resist.