beta
Text
The defendant shall be innocent.
Reasons
1. On November 13, 2016, Defendant 11:10 on November 13, 2016, at the fourth floor of the Seo-gu Daejeon Daejeon-gu D Building, the summary of the facts charged, accumulated the victim's right to return back and resistance to the victim E (19 years old) and collected his fingers in the victim's resistance.
Accordingly, the Defendant used the victim's potential to resist, thereby committing similar rape.
2. The Defendant and his defense counsel’s argument only sleeps in the water surface room, but did not commit the instant crime.
The crime place of this case was difficult to identify the face of a person, and the victim, witness, and police officers dispatched did not go through the criminal identification procedure, leading to misconception of the defendant as a criminal offender.
The statements of the victim and witness are inconsistent with the statements of the police officers dispatched so that they are not reliable.
3. Determination
A. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by a public prosecutor, and the conviction is to be based on evidence with probative value that makes a judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is suspicion of guilt against the defendant, it is inevitable to determine the defendant as the benefit of the defendant (see, e.g., Supreme Court Decision 2010Do9633, Nov. 11, 2010). (b) The situation at the time of the crime committed by the victim and witness, the defendant’s face and body body at the time of the first investigation, and the defendant’s face and body body at the time of the first investigation, or at the time of the first investigation, there was no question about the existence of CCTV at the time of the police investigation.
In full view of the circumstances such as the false statement, there is a strong doubt that the Defendant committed the same crime as the above facts charged.
(c)
However, considering the following facts and circumstances acknowledged by the evidence duly adopted and investigated by this Court.