The defendant shall be innocent.

1. On July 2015, the Defendant received the introduction of the complainant C (M, 38 years of age) through his/her friendship, and exchanged communication with one another.

The complainant has a physical disability due to the inconvenience of both legs, and as a person with a disability of class 2 of intellectual disability, the complainant was growing 12 years of age as an unmarried mother in the case of a party.

At around 01:00 on February 3, 2016, the Defendant: (a) boarded a woman out of the complainant’s house, and went to the complainant, saying, “I do not come to the seat of her house,” and read, “I do not come to the near fora, I do not come to the near fora, and do so,” and (b) carried the complainant who believed to do so to go to the head of 503 room located in the Busan metropolitan area.

On February 3, 2016, at around 01:40, the Defendant: (a) 503 heading room of the Maurel, 503 heading, she was expected to sit on the her part, and she was allowed to put the her finger in the inner part of the her female, and the her chest was allowed, and the her chest was allowed to go up to the her inner part, and the her chest was refused to go up on the her face; (b) put the her hand on the her head to the her head; (c) put the her head to the her head; (d) laid off the her will and her clothes; and (e) had sexual intercourse once by taking the her body with the her head debt and her resistance.

Accordingly, the defendant has sexual intercourse with a complainant who has a physical or mental disability by force.

2. The summary of the defendant's and his defense counsel's assertion is that, while having sexual intercourse with the complainant at the time when they were in a sexual relationship with the complainant at the time, the complainant was dismissed and the defendant was interrupted by pushing the complainant. However, there was no fact of exercising power to engage in sexual intercourse, and it was known that the victim was aware of the fact that he was a disabled person with physical and mental disability only to the degree that the bridge was somewhat inconvenient.

The argument is asserted.

3. Determination

A. The prosecutor bears the burden of proving the facts charged in a criminal trial on the relevant legal principles, and the recognition of conviction is reasonable.