The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant knew around October 1, 2016 of the fact that the victim C (the age of eighteen) had sexual intercourse with the victim when he/she did not respond to sexual intercourse.

In the purport of “the victim’s threat to the victim’s resistance by suppressing the victim’s resistance, and then preventing the victim’s shoulder and body from being divided into the victim’s shoulder and body by a suppression of the victim’s body, the victim was raped once.

2. Relevant legal principles

A. The finding of guilt in a criminal trial ought to be based on evidence with probative value, which leads to the judge’s conviction that there is no reasonable doubt that the facts charged are true. Thus, if there is no such evidence, even if there is doubt of guilt, the interests of the defendant should be determined by the interests of the defendant (see, e.g., Supreme Court Decision 2014Do8722, Aug. 27, 2015). Meanwhile, when the crime of rape is established, the assault and intimidation of the perpetrator must be such that it would be impossible or considerably difficult for the victim to resist, and whether the assault and intimidation were likely to make it impossible or considerably difficult for the victim to resist, as well as the content and degree of such assault and intimidation, the circumstance leading up to exercising force, relationship with the victim, and circumstances at the time of sexual intercourse, etc., and where the victim’s statement is not sufficient to have sufficient probative value as evidence to determine whether there is a direct statement or intimidation based on evidence of the victim, it is consistent with the facts charged.