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The defendant shall be innocent.
Reasons
1. On July 5, 2012, the summary of the facts charged by the Defendant, on the one hand, was moved to the victim D (the victim D, the age of 54) and the husband E while drinking together with the victim’s husband E, from the Defendant’s house located in Geumcheon-gu Seoul Metropolitan Government 1st floor C102.
At around 18:50 on the same day, the Defendant, while drinking alcohol together with the victim, was prevented from suffering the victim's chest by one hand, and tried to escape the victim's breast with another hand, and tried to rape with the victim, but the victim was her attempted to resist at the port of resistance and to pushed the Defendant.
2. On July 5, 2012, the Defendant asserted that he/she had a right to sit and drink at the victim’s and the Defendant’s house living room, but he/she did not talk with or rape the victim’s body as described in the facts charged.
3. The burden of proof of the facts charged in a criminal trial for judgment is to be borne by the prosecutor, and the conviction is to be based on evidence of probative value, which makes a judge not having reasonable doubt as to whether the facts charged are true, to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the suspicion of guilt against the defendant is between the
Even if there is no choice but to judge the interests of the defendant.
Furthermore, in order to recognize a guilty charge by solely based on a victim’s statement only, the high probative value is required to the extent that there is no doubt as to the authenticity and accuracy of the statement. In determining whether the victim satisfies such probative value, a comprehensive consideration should be given not only to the reasonableness, consistency, and objective reasonableness of the statement itself, but also to personal elements, such as the victim’s sexual character.
(Supreme Court Decision 201Do16413 Decided May 10, 2012). Direct evidence that conforms to the facts charged in the instant case is a witness D’s legal statement.