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The defendant's appeal is dismissed.
Reasons
1. Although the Defendant had no sexual intercourse over twice as stated in the facts charged of this case, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.
2. In light of the conclusion of the judgment, the finding of guilt in a criminal trial should be based on evidence with probative value sufficient to have a judge feel true beyond a reasonable doubt, and if there is no evidence to form such a conviction, the defendant is suspected to be guilty.
Even if there is no choice but to judge the interests of the defendant.
However, such a conviction should not necessarily be formed by direct evidence, and it should be formed by indirect evidence as long as it does not violate the empirical and logical rules, and even if indirect evidence does not have a complete probative value as to a crime individually, if it is deemed that there is a comprehensive probative value as to the whole evidence, if it is deemed that there is a comprehensive probative value as to the whole evidence, it can be recognized as criminal facts.
(1) In light of the aforementioned legal principles, it is difficult to expect the existence of direct physical evidence or witness in a situation in which it is difficult to expect the existence of a witness, since the act is conducted under a secret or in a situation in which it is difficult to find out the existence of a witness, and thus, it is deemed that there is a comprehensive probative value of a crime before and after the commission of the crime, and where it is deemed that there is a comprehensive probative value of a criminal facts by taking account of all kinds of indirect evidence concerning the circumstances before and after the commission of the crime.
(See Supreme Court Decisions 97Do974 delivered on July 25, 1997, and Supreme Court Decision 2007Do4977 delivered on November 27, 2008, etc.). The Defendant is a defendant.