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The Defendant is not guilty. The Defendant is dismissed.
Reasons
Judgment on facts charged
1. The summary of the facts charged was a person who was a male-childgu of the victim C (man at the time, 17 years of age) and was living together with the victim, the husband of the victim, and the wife of the victim at the victim's home located in Incheon Western-gu from January 2013 to March 2013.
At around 12:00 on February 2, 2013, the Defendant, at the home of the above victim, had her husband attend work, and had the victim feel her husband's married (two years of age) after having her husband attend work, and had the victim feel her sexual desire to commit rape.
The Defendant, who takes the victim’s bridge by taking the victim’s her hand over and in one hand off the victim’s her hand, and laid off his her son and her clothes, and inserted her sexual organ into the sound part, and the victim refused to her body with the victim’s refusal, thereby suppressing the victim’s resistance against the victim, and sexual intercourse with the victim.
Accordingly, the defendant raped the juvenile victim.
2. The Defendant and the defense counsel asserted that the Defendant and the defense counsel did not have a sexual relationship with the victim as stated in the facts charged of this case from the police to the court below.
3. Determination
A. The burden of proof of the facts charged in a criminal trial of the relevant legal doctrine lies on the prosecutor, and the conviction of the guilty ought to be based on the evidence of probative value that makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the doubt of guilt against the defendant is between the suspect even if there is no such evidence.
Even if there is no choice but to judge the interests of the defendant.
Meanwhile, in order to establish the crime of rape, the perpetrator’s assault and intimidation must be such as to make it impossible or considerably difficult to resist the victim, and whether the assault and intimidation were to be impossible or considerably difficult to resist the victim.