The defendant shall be innocent.

1. The summary of the facts charged: (a) on December 4, 2014, the Defendant took a meeting with the employees of the company that he/she operates, and (b) took one of his/her employees to gather the victim C (the 25 years of age), and (c) took a sexual relationship with the victim by using the meeting of the victim.

The Defendant, around 00:02 on December 5, 2014, tried to have sexual intercourse with the victim, setting aside the victim’s clothes from the victim’s 608 “Eel” located in D’s window at Changwon-si, Changwon-si, and tried to engage in sexual intercourse with the victim. The Defendant did not play in resisting the victim’s mind.

2. Determination:

A. In light of the following facts revealed by the evidence duly admitted and investigated by this court, there is doubt as to whether the Defendant attempted to engage in sexual intercourse, such as deceiving the body of the victim who has been unable to resist, or attempted to engage in such sexual intercourse.

(1) 피해자는 경찰 조사에서'3차 회식자리까지 갔는데, 3차 회식장소에서 화장실을 간 기억이 날 뿐 그 이후로 모텔에서 눈을 떴을 때까지는 기억이 전혀 없다.

It was the same that the defendant and the victim were sexual assaulted due to the fact that he was in the state of the body.

It was divided into the defendant's ad hoc dialogue with the defendant, and the defendant reported that he was sexual assault to the police.

‘A statement to the effect that’ was made (as of No. 8, 9 of the Investigation Records), and as a substitute in this Court, a statement to the same effect was made.

(2) In fact, the victim reported to the police around 00:51 on December 5, 2014, which was the date and time of the damage as stated in the facts charged (section 33 of the investigation record). On the same day, at around 01:50 on the same day, he/she entered the Gyeongnam Stacking Support Center along with police officers while under the influence of alcohol, and was investigated by the police around 04:26 on the same day.

(3) The victim's chests are dyna, consistent with the defendant, in terms of the face-to-face and the quality-to-face.