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The defendant shall be innocent.
Reasons
1. On April 23, 2014, the Defendant: (a) around 00:00 on April 23, 2014, 2014, the Defendant got the victim under the pretext of getting the victim, who was under the influence of alcohol while drinking together with drinking together with drinking together with drinking together with the victim C (the victim C, 22 years of age, and D) who was the next influence in the same school.
Since then, at around 00:30 on the same day, the Defendant: (a) carried the victim’s grandchildren into the Felel 103 room located in Jinjin-gun, Gangnam-gun, which he uses as his lodging room; and (b) the victim, under the influence of alcohol, went off the victim’s clothes; and (c) had sexual intercourse once by inserting his sexual organ into the part of the victim.
Accordingly, the defendant has sexual intercourse with the victim's failure to resist.
2. The Defendant and the defense counsel asserted that they had sexual intercourse under the agreement with the victim while under the influence of alcohol, and the victim did not have to resist at the time of gender relationship.
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 facts constituting the crime must be based on strict evidence with probative value, which makes a judge not having any reasonable doubt. Thus, in a case where the prosecutor’s proof fails to sufficiently reach the extent that such conviction would lead to such conviction, even if the defendant’s assertion or defense is inconsistent or unreasonable, it should be determined in the interests of the defendant even if there is suspicion of guilt, such as where the defendant’s assertion or defense is inconsistent or unreasonable.
(see, e.g., Supreme Court Decision 2010Do14487, Apr. 28, 2011). B.
In full view of the evidence duly adopted and examined by this Court, the issue of this case is the Defendant’s act of drinking and drinking including the victim at the time of the date and time indicated in the facts charged.