The defendant shall be innocent.

1. The summary of the facts charged of the instant case reveals that the Defendant: (a) from around 00:20 on April 13, 2014 to around 03:00, the Defendant: (b) committed rape with the victim E (inns, 47 years old); (c) obstructed the victim by assaulting the victim, such as the victim’s body when the victim resisted the victim’s body, and her hair with the victim’s head, when the victim resisted the victim’s body; (d) obstructed the victim’s hair with the victim’s hair; and (e) attempted rape by resisting the victim from the victim’s head on the wall; (e) thereby, the victim resisted the victim against the attempted crime; and (e) incurred a booming part of the 14-day medical treatment.

2. Determination

A. The establishment of facts constituting an offense in a criminal trial ought to be based on strict evidence with probative value, which leads a judge to have a reasonable doubt, insofar as the prosecutor’s proof does not sufficiently reach the extent that such conviction would lead to such a 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 the defendant’s assertion or defense is inconsistent or unreasonable.

Furthermore, in order for the victim to be convicted of charges solely based on the victim’s statement, the high probative value is required to the extent that there is no doubt about the authenticity and accuracy of the statement. In determining whether such probative value is satisfied, a comprehensive consideration should be given not only to the reasonableness, consistency, objective reasonableness of the victim’s statement but also to personal elements, such as the victim’s sexual character.

(see, e.g., Supreme Court Decision 2011Do16413, May 10, 2012). B.

The remaining evidence, other than the victim's statement, among the evidence corresponding to the facts charged in the instant case, is based on the victim's statement or itself is insufficient to prove the facts charged, and the facts charged in the instant case are insufficient.