beta
Text
The defendant shall be innocent.
Reasons
1. The summary of the facts charged in the instant case is around 02:30 on May 26, 2013, the Defendant, at the home of the victim D (Inn, 38 years of age) located in Yasan-si C apartment 301, he/she exceeded the clothes of the lost victim who has lost his/her spirit of drinking drinking and had sexual intercourse once.
Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.
2. The Defendant and the defense counsel asserted that they did not drink to the extent that they are placed in the state of mental or physical disability on the day of the instant case, and the Defendant entered the victim’s house to rest for about one hour with the victim and had sexual intercourse under the agreement with the victim after dividing the conversation with the victim. Thus, the Defendant did not have sexual intercourse with the victim in the state of mental or physical disability or impossible failure.
3. Determination
A. The burden of proving the facts charged in a criminal trial is to be borne by the prosecutor, and the conviction is to be based on the evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the suspect is suspected of guilt even in the absence of such evidence.
Even if there is no choice but to judge the interests of the defendant.
(1) In the event of the crime of quasi-rape, there are many cases where the victim’s statement is actually the only evidence of conviction. The victim’s perception of the situation at the time of the instant case is mostly made in a state of disability, such as mental and physical disability. Therefore, in a case where the Defendant asserts that the victim is a sex relationship by agreement, unlike the victim’s statement, the victim’s statement should have high probative value to the degree of doubt as to the authenticity and accuracy of the victim’s statement, but the charge of the crime of quasi-rape is proven, in accordance with the above legal doctrine.
In addition, when determining whether the victim's statement satisfies these probative value, the victim's statement.