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The defendant shall be innocent.
Reasons
1. On June 17, 2019, around 05:30 on June 17, 2019, the Defendant: (a) made the victim B (the victim B (the victim B), who was first in the vicinity of the Daegu-gu), with meals like the same kind of meals on the nearby road; and (b) made the victim’s consent to the foregoing, to take the residence of the Defendant located in the building C of the building C of Busan-si around 06:10 on the same day.
Around that time, the Defendant: (a) sent the victim’s chest by hand; and (b) expressed the victim’s intention of refusal, such as the victim’s “I ma”, by hand, continued to talk with the victim’s chest and part, etc.; and (c) attempted to get off the victim’s panty in his body and inserting the Defendant’s sexual organ into the victim’s sexual organ; and (d) tried to put the victim’s sexual organ into the victim’s sexual organ after going on the victim’s body; (b) the victim frighted into the victim’s body; and (c) frighted into the victim’s fright, “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, and had sexual intercourse once with the victim.
Accordingly, the Defendant raped the victim.
2. The gist of the defendant's assertion is that the defendant has sexual intercourse with the victim, but there is no fact of sexual intercourse by assaulting or threatening the victim.
3. Determination
A. (1) The burden of proving the facts charged in a criminal trial is to be borne by a public prosecutor, and the conviction is to be based on the evidence with probative value sufficient to cause a judge to have a reasonable doubt that the facts charged are true. Therefore, if there is no such evidence, the doubt of guilt is against the defendant even if there is no such evidence.
Even if there is no choice but to judge the interests of the defendant.
(2) In order to establish a crime of rape, the assault and threat of the perpetrator shall be sufficient to make it impossible or considerably difficult for the victim to resist, and assault and threat shall be made. (2) The assault and threat of the perpetrator shall be made to the extent that the victim’s resistance is not possible or considerably difficult.