The defendant shall be innocent.

1. On March 12, 2015, the Defendant: (a) around 20:00, in the instant facts charged, the DoMoel 906 (hereinafter “instant cartel”); (b) E, F, Victim G (F, 18 years old); and (c) under the influence of alcohol, the Defendant diversed the victim with the “locked” while drinking together; and (d) the victim was kid by the victim, and the victim’s chest and her chest were fluor.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the state of mental disorder or impossibility to resist.

2. Determination

A. The burden of proof of the facts charged in a criminal trial of the relevant legal doctrine lies on the prosecutor, and the conviction of the guilty ought to be based on the evidence of probative value that makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the doubt of guilt against the defendant is between the suspect even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(1) Article 299 of the Criminal Act provides that a person who has sexual intercourse or indecent act by taking advantage of a person’s mental disorder or state of failing to resist shall be punished as the crime of rape or indecent act by compulsion under Articles 297 and 298 of the Criminal Act. Here, “the state of failing to resist” refers to cases where psychological or physical resistance is absolutely impossible or considerably difficult due to reasons other than mental disorder, in accordance with Articles 297 and 298 of the Criminal Act.

(See Supreme Court Decisions 98Do3257 delivered on May 26, 2000, and Supreme Court Decision 2009Do2001 Delivered on April 23, 2009, etc.). (b)

(1) Relevant circumstances acknowledged by the evidence duly admitted and investigated by this Court are as follows.

① The victim, E (victim’s male-gu), the Defendant, and F (E) are playing together from the morning on the day on which the facts charged are charged, and they play together with the instant telecom around 15:00 to 16:00.