The defendant shall be innocent.

1. The summary of the facts charged in this case is as follows: (a) on June 13, 2015, the Defendant drinks alcoholic beverages together at the victim C (at the age of 45) who became aware of the first contact address by singing singing practice on and around June 13, 2015; (b) around 01:30 on June 18, 2015; and (c) around 03:40 on the same day, the Defendant used alcoholic beverages to move the Defendant’s dwelling place on the Defendant’s residential premises located in the Jung-gu Seoul Metropolitan Government Ebro-gu, Jung-gu, Seoul; and (d) around 03:40 on the same day, he did so by pushing the Victim’s shoulder and cutting it over to the upper part by breaking the Defendant’s shoulder; and (e) putting the son with her hand, buck, shoulder, arms, etc. on his hand.

After suppressing the victim's resistance by intimidation, the victim had sexual intercourse once with the victim and raped the victim.

Accordingly, the defendant raped the victim by assault and intimidation.

2. The defendant and his defense counsel have sexual intercourses under the agreement with the victim, and there has been no violence or intimidation against the victim.

Rather, after sexual intercourse, the victim demanded money from his own telephone, and refused it, which led to this case by threatening the victim to report sexual assault.

3. Determination

A. In a criminal trial, the recognition of a criminal fact ought to be based on strict evidence with probative value, which leads to the judge to have a reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach the extent that such convictions may lead to such convictions, even if the defendant’s assertion, defense, face-to-face, and face-to-face suspicions of guilt exist, it should be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2010Do1487, Apr. 28, 201). (b) direct evidence that seem to correspond to the facts charged that the defendant committed rape by assaulting or threatening the victim, the victim’s statement was made in the victim’s court and investigative agency, and the credibility of the victim’s statement is examined.