beta
Text
The defendant is innocent.
Reasons
1. The summary of the facts charged is that the Defendant came to know of the victim C (the 17 years of age, inn) and the victim came to know of the high school dancing club line, and sent the contact with the Defendant on March 14, 2015. On March 14, 2015, the Defendant: (a) received contact from the victim; and (b) proposed to drink the alcohol on the following day; and (c) promised the victim, who is a high school student, to drink the alcohol at the time of drinking at around 22:0-2:20 on March 15, 2015, after promising the victim to drink the alcohol at around 22:0 to 22:20:20,00, at the main point of “E” located in Sanyang-si D on March 18, 200, after adding 1,000 c, caused the victim to drinking, the Defendant got the victim to drinking at approximately 50 meters away from the main point.
At around 21:00 on March 15, 2015, the Defendant: (a) retired the clothes of the victim who was in a state of failing to resist under the influence of alcohol from alcohol; and (b) inserted the victim’s sexual organ into the sound part of the victim’s sexual organ one time.
As such, the Defendant had sexual intercourse with a female juvenile under the influence of alcohol.
2. The Defendant and the defense counsel asserted that they had a sexual intercourse under the agreement with the victim, and the victim did not have a state of mental or physical disability or failing to resist at the time of the instant sexual intercourse.
3. 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 the interests of the defendant cannot be determined by the interests of the defendant
(See Supreme Court Decision 2010Do9633 Decided November 11, 2010) also, in order to recognize a guilty of the facts charged solely based on the victim’s statement, there is room for doubt as to the authenticity and accuracy of the statement.