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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is that the Defendant was aware of the victim B (n, 23 years of age) and the Defendant knew around January 2014.
At around 19:40 on November 30, 2018, the Defendant found that, while drinking alcohol together at the drinking house located in Kimpo-si, the victim was drunk, the victim was able to walked to the OOOMoel Cho on December 1, 2018, when 00:25, when she was under the influence of alcohol, and was found to have been laid to the be laid to the be on the bend and the bendgging room where the victim was suffering from the bend, and when she was found to have been laid to the bend and continued in the bend and the bendging room where the victim was discharged from the bend. During the process of putting the victim back again, the Defendant left the bend off the panty and broging room of the victim.
Accordingly, the Defendant committed indecent acts by taking advantage of the victim’s state of difficulty to resist.
2. Determination
A. The burden of proving the existence of an intentional act, which is a subjective element of the crime prosecuted, is also imposed on the prosecutor, and the conviction should be based on evidence with probative value sufficient for a judge to have a reasonable doubt that the facts charged are true. Therefore, if there is no such evidence, it should be determined in the interest of the defendant even if there is a suspicion of guilt against the defendant.
(see, e.g., Supreme Court Decision 2015Do5355, Oct. 29, 2015). (B)
In light of the above legal principles, in full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, it is difficult to deem that the evidence submitted by the prosecutor alone proves that the Defendant intentionally committed an indecent act to the extent that there is no reasonable doubt as to the fact that the Defendant committed an indecent act.
1) On or after November 30, 2018, the accusation submitted by B to an investigative agency on or before December 2, 2018 is under the influence of alcohol and is unable to memory. Rape is conducted in the bee part of the bee part of the bee part of the bee part of the bee part of the bee part of the bee part of the bee part.