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The defendant shall be innocent.
Reasons
1. The summary of the facts charged of this case was around 12:00 on January 15, 2014, the Defendant: (a) around 12:00, and around 19 years of age, and (b) around 19 years of age, performed drinking together with her friends; and (c) when her friend with her her friends, the Defendant exceeded the diving clothes and panty panty of the victim, who was under the influence of alcohol, and inserted her fry into the sound part of the other victim’s her frity.
Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental condition.
2. Although the Defendant and his defense counsel have a sexual relationship with the victim at the time and place stated in the facts charged, they only have a sexual relationship with the victim with the consent of the victim.
3. Determination
A. The facts constituting the elements of a crime prosecuted in a criminal trial include the prosecutor’s burden of proof, whether it is subjective or objective, and the facts constituting the crime must be based on strict evidence with probative value, which makes a judge not having 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, even if the defendant’s assertion or defense is inconsistent or unreasonable, it should be determined in the interests of the defendant even if there is suspicion of guilt, such as where the defendant’s assertion or defense is inconsistent or unreasonable.
(see, e.g., Supreme Court Decision 2010Do14487, Apr. 28, 2011). B.
In order to be found guilty of the facts charged of this case, the defendant should be found to have committed a sexual intercourse against the victim's will by taking advantage of the victim's mental disorder or failure to resist.
On the other hand, the prosecution submitted the police's written statement of the victim E, the victim's opinion, and the police's written statement of the victim.
However, it is recognized by the evidence duly adopted and examined by this court.