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The defendant shall be innocent.
Reasons
1. Summary of the facts charged
A. The Defendant, around the night of 2006 at the Defendant’s house located in the Defendant’s house located in Dogra No. 401, Ansan-gu, Manyang-si, Sinyang-si, left the room of the victim E (at that time nine years of age) and panty of the victim who was locked, left the victim’s fright and panty, and detained the victim’s sexual intercourse with the victim, and used the victim’s state of her ability to resist, thereby committing an indecent act.
B. The Defendant, in 2009, committed an indecent act by force on the part of the victim, who was related to the victim’s buckbucks by hand, suffering from the victim’s 12 years old and television at the Defendant’s house room at F 401 around 19:0,00.
2. In a judgment in a criminal trial, the facts constituting an offense ought to be acknowledged based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Therefore, in a case where the prosecutor’s proof fails to sufficiently reach the extent that such conviction would lead to the prosecutor’s conviction, it is doubtful that the Defendant’s assertion or defense is inconsistent or unreasonable.
Even if the interests of the defendant should be judged.
Furthermore, in order for the victim to be convicted of charges solely based on the victim’s statement, the high probative value is required to the extent that there is no doubt about the authenticity and accuracy of the statement. In determining whether such probative value is satisfied, a comprehensive consideration should be given not only to the reasonableness, consistency, objective reasonableness of the victim’s statement but also to personal elements, such as the victim’s sexual character.
(see, e.g., Supreme Court Decision 2011Do16413, May 10, 2012). As evidence consistent with each of the facts charged in the instant case, the victim’s investigative agency and the victim’s statement at this court, and the victim’s statement.