The defendant shall be innocent.

1. The summary of the facts charged is the students of the D Education Center.

On March 22, 2013, at around 00:29, the Defendant, who is a student of the same private teaching institute (n, 28 years of age) and other private teaching institutes, took care of the victim E and other private teaching institutes, with the victim, and subsequently, he/she was able to take care of the Gmoto 303 floor in Seoul Jongno-gu Seoul.

The Defendant, while under the influence of alcohol, found that the victim was unable to come out of the toilet due to a locking out of the toilet while entering the toilet of the above 303, and was able to rape by using the victim’s locking to put the victim on the bed, and then put the victim on the bed, and using the victim’s locking to keep the resistance properly.

Accordingly, the Defendant had sexual intercourse with the victim by inserting the chest on the part of the victim, and by inserting the panty and panty to the spanty, and inserting the spanty into the spanty.

As a result, the defendant raped once by taking advantage of the victim's state of non-oper who was under the influence of alcohol, and caused the victim to be out of the part of the treatment days after being 3 meters away from the part of the court below.

2. The Defendant and the defense counsel’s assertion are merely having a sexual intercourse with the victim’s implied and passive consent, and the victim was not in a state of mental disorder or inability to resist at the time of the instant sex relationship, and the Defendant did not have sexual intercourse by taking advantage of such state of the victim.

Furthermore, the injured party's wife does not constitute injury to rape.

3. Determination

A. The facts constituting the elements of a crime prosecuted in a criminal trial include the prosecutor’s burden of proof, whether it is subjective or objective, and the establishment of a crime ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach the extent that such conviction would lead to such conviction, the prosecutor’s proof may not be sufficient.