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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
The Defendant and the victim B (the title, the remaining, the age of 29) in the instant charges are the same graduates from the same university.
At around 02:00 on July 21, 2019, the Defendant had sexual intercourse with the victim by drinking alcohol together with the victim at the Defendant’s house of the Gwangju Mine District Co., Ltd., and by inserting the Defendant’s sexual organ into the victim’s sexual organ at the victim’s home.
Accordingly, the defendant raped the victim by taking advantage of the mental condition of the victim.
Judgment
A. At the time of the instant case, the Defendant and the defense counsel’s assertion did not have a state of mental disorder due to the shoulder of the victim, and the Defendant was sexual intercourse under the agreement with the victim.
B. A concrete judgment 1) The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence with probative value sufficient for a judge to have the truth that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest (see, e.g., Supreme Court Decision 2009Do1151, Jul. 22, 2010). 2) The victim stated to the effect that "the victim's sexual nature was inserted in the victim's sexual organ, and the victim's body was not properly disturbed or resisted at the time of drinking," from the investigative agency to the court.
However, according to the "stud CCTV video CD submitted by the suspect", around July 20, 2019, the victim entered the above studio building to drink alcohol at around 22:03, where the defendant is living in the room room and opened the stairs following the defendant. On July 21, 2019, around 02:24, the victim gets off the room stairs of the studio building for himself and out of the building.