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The defendant shall be innocent.
Reasons
1. On October 27, 2018, the summary of the facts charged, the Defendant, at around 09:00 on October 27, 2018, engaged in sexual intercourse with the victim who lost his mind under the influence of alcohol by inserting the Defendant’s sexual organ into the negative part of the victim C (a person, a woman, 24 years old) who lost his mind under the influence of alcohol.
2. Although the Defendant and the defense counsel’s arguments have a sexual intercourse with the victim at the time and place indicated in the facts charged, they are subject to an agreement with the victim.
The victim was unable to memory the situation at the time of sexual intercourse due to the symptoms of so-called blackout according to the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state
3. Determination
A. Article 299 of the Criminal Act provides that a person who has sexual intercourse or commits indecent act by taking advantage of the person’s mental disorder or state of failing to resist shall be punished as the crime of rape, similar rape, or indecent act by compulsion under Articles 297, 297-2, and 298 of the Criminal Act. Here, the state of failing to resist refers to cases where psychological or physical resistance is absolutely impossible or considerably difficult due to the reason other than mental disorder under Articles 297, 297-2, and 298 of the Criminal Act (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). 2) The burden of proof on the criminal facts charged in a criminal trial is to be borne by a prosecutor, and the recognition of guilt should be based on evidence having probative value that makes the judge sure that the facts charged are true beyond reasonable doubt, and if there is no doubt as to such evidence, there is no doubt against the defendant.
Even if the interests of the defendant are judged, the interests of the defendant.