The defendant shall be innocent.

1. The summary of the facts charged was around 14:00 on September 4, 2012, the Defendant discovered the victim E (the age of 17) who was divingd by the Defendant’s room in Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, Incheon, for the purpose of committing rape.

The Defendant, who was locked, she was frightened by the victim, her fingers into the body of the victim, her chests, her fingers into the body of the victim, her fingers into the body of the victim, her fingers into the body of the victim, rhym and her fingers into the body of the victim, her fingers off all the her clothes of the victim, her abscened into the body of the victim, and she has sexual intercourse once by inserting them into the body of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the state of mental disorder of the victim who is a child or juvenile who is a potential child or juvenile.

2. Relevant legal principles

A. The burden of proving the facts charged in a criminal trial is to be borne by the prosecutor, and the conviction is to be based on the evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the suspect is suspected of guilt even in the absence of such evidence.

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). B.

Article 7 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply).