The defendant is innocent. The summary of this judgment shall be notified publicly.

1. On May 5, 2018, between 04:32 and 05:07, the Defendant: (a) in the Dongdaemun-gu Seoul Dongdaemun-gu “Burel”; (b) prevented the victim D (name, leisure, 26 years old); (c) placed the Defendant’s sexual organ in the victim’s entrance; (d) putting the victim’s hair into the victim’s entrance; and (e) putting the victim’s hair into the victim’s body; and (e) took the victim’s face and head knife; and (e) took into account the victim’s face and head knife.

Accordingly, the Defendant raped the victim.

2. Determination

A. In a criminal trial of relevant legal principles, the finding of guilt ought to be based on evidence of probative value, which leads a judge to have a conviction that is sufficient to have a reasonable doubt that the facts charged are true. Therefore, in a case where the prosecutor’s proof fails to sufficiently reach such a degree that it would lead to such conviction, the determination should be based on the defendant’s benefit even if there is a suspicion

(2) In a case where the victim’s statement is actually the sole basis of the victim’s statement, the victim’s statement should be deemed to be reasonable and reasonable in light of the victim’s own rationality and feasibility, objective circumstances, and rule of experience, etc. (see, e.g., Supreme Court Decision 2005Do767, Apr. 15, 2005). In particular, if the Defendant consistently denies the facts charged and the victim’s statement is based on direct evidence consistent with the facts charged on the records, the victim’s statement should be deemed to have credibility to the extent

(Supreme Court Decision 2016Do21231 Decided October 31, 2017 and Supreme Court Decision 2014Do7945 Decided November 26, 2015, etc. (see, e.g., Supreme Court Decision 2016Do7945, Nov. 26, 20

In the instant case, considering the following circumstances acknowledged by the evidence duly adopted and investigated by the court, there is no room for doubt as to the authenticity and accuracy of the victim’s statements that correspond to the facts charged in the instant case.