The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The summary of the facts charged and the victim D (the age of 21) are between the Defendant and the victim, known to the general public.

On July 29, 2017, between around 06:00 and around 07:00, the Defendant, within the room of “FVD film room” on the sixth floor, Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon, in which the Defendant had alcohol with the victim while drinking a film while drinking with the victim, kid the victim who had been under the influence of alcohol, and the victim was under the influence of alcohol due to this locking, “I am under the influence of the victim.”

“ even though the victim expressed his intention to refuse, he exceeded the victim’s panty and panty simultaneously, she was forced to leave the bridge, and spantyed the victim’s body above the resistance by misunderstanding the victim’s body, saving the victim’s body, suppressing the victim’s body, and spanching the victim’s leg, and committing rape by inserting the victim’s sexual organ into the victim’s sexual organ.

2. The summary of the Defendant’s and his defense counsel’s assertion is as shown in the facts charged, following the suppression of resistance against D’s will, and there was no rape by inserting sexual organ into the victim’s sexual organ, and only the sexual intercourse with the victim under the agreement with the victim.

3. Determination

A. The relevant legal doctrine 1) The burden of proving the facts charged in a criminal trial lies on the prosecutor, and the finding of guilt is based on evidence with probative value sufficient for a judge to have a conviction that the facts charged are true beyond reasonable doubt. Therefore, if there is no such evidence, even if there is suspicion of guilt against the defendant, the perpetrator’s intimidation should be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2010Do9633, Nov. 11, 2010). 2) In order to establish rape, the perpetrator’s intimidation should be such as to make it impossible or considerably difficult for the victim to resist, and whether the intimidation was likely to make it impossible or considerably difficult for the victim to resist, not only the content and degree of the intimidation, the developments leading up to exercising tangible power, the relationship with the victim, and the sexual intercourse at the time of such intimidation.