The defendant shall be innocent.

1. The summary of the facts charged: (a) on October 2, 2017, the Defendant: (b) 01:00 on the boundary of “C” located in Ulsan-gu, Ulsan-gu; and (c) she was under the influence of the Victim D (Influence, 21 years of age, Ga name) and was in the process of drinking together, and the victim was fluened; (b) she was fluencing the victim into the cab and sent to the sib; and (c) she went out of the main place and 150 meters away from the said main place.

On October 2, 2017, the Defendant, at around 03:10 on October 2, 2017, got off the victim’s clothes from “Moel E” in Ulsan-gu B, Ulsan-gu, and had sexual intercourse only once with the victim’s clothes, under the influence of alcohol.

Accordingly, the defendant had sexual intercourse with the victim by taking advantage of the victim's breathy condition.

2. Determination

A. The burden of proving the criminal facts prosecuted in a criminal trial is the prosecutor, and the conviction is based on the evidence with probative value that leads the judge to prove that the facts charged are true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it shall be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2010Do9633, Nov. 11, 2010). Direct evidence consistent with the facts charged lies in the victim's statement. The victim's statement is virtually sufficient, and the remainder of evidence is merely a specialized evidence based on the victim's statement. To find the defendant guilty of the facts charged solely on the victim's statement, the victim's statement requires high probative value that has little doubt about the authenticity and accuracy of the statement. In determining whether the defendant satisfies such probative value, the victim's own rationality, consistency, objective reasonableness and other personal elements should be comprehensively taken into account (see, e.g., Supreme Court Decision 2013Do614, May 13).