The defendant shall be innocent.

1. On June 26, 201, the Defendant: (a) around 01:00, at E cafeteria operated by the victim D (V, 52 years of age) located in Gangseo-gu Busan, Busan; (b) when drinking alcohol with the Defendant’s daily driving F, the victim, and the G and F having tried to perform the above restaurant in the order of G and F, the Defendant was able to commit rape by inducing the victim to commit rape in the office of the Defendant.

Between 02:00 and 03:00 on the same day, the victim was on the Defendant’s vehicle, and entered the victim’s house located in Gangseo-gu Busan Metropolitan City H, into the house, but the victim was forced to enter the house when the victim refused to enter the house, leading the victim’s hand and shoulder into the house, leading the victim into the house, leading the victim’s hand and shoulder, and raped the victim’s body once.

2. Determination

A. Although the gist of the defendant's assertion was that he had sexual intercourse between the victim and the defendant's house, there was no fact that he forced the victim to take the victim into the house, or raped the victim.

(A) by agreement with the victim. (b)

Judgment

1) The burden of proving the criminal facts prosecuted in a criminal trial is to be borne by a prosecutor, and the conviction is to be based on the evidence with probative value sufficient for a judge to have the truth that the facts charged are true beyond reasonable doubt. Thus, if there is no such evidence, the interest of the defendant should be determined even if the defendant is suspected of guilt (see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2008Do4467, Jul. 24, 2008). Meanwhile, in order to establish a crime of rape, the perpetrator’s assault and intimidation should be sufficient to make it impossible or considerably difficult for the victim to resist, and such assault and intimidation should be made.