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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the facts charged is as follows: (a) between June 29, 2013 and June 30, 2013, from around 02:00 to June 30, 2013, the Defendant: (b) deemed that the victim D (num, 27 years of age) was under the influence of alcohol; and (c) kid itself against the victim’s will; (d) included the Defendant’s hand in the victim’s part as the part of the victim’s sexual flag; and (e) included the Defendant’s hand in the victim’s part; and (e) led the Defendant’s hand into the victim’s part of the victim’s sexual organ; and (e) raised the victim’s secret above and her chested.
As a result, the defendant committed an act of inserting fingers to a person by assault.
2. The gist of the defense counsel's change was that the defendant, under the agreement of the victim, kis the victim while the victim was unlocked, and delivered the chest and fluor, once. However, there was no fact that kisium was laid into the victim's sexual organ, and no forced force was exercised against the victim.
3. Determination
A. The burden of proving the facts charged in a criminal trial is to be borne by the prosecutor, and the conviction is to be based on the evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the suspect is suspected of guilt even in the absence of 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. Whether the assault and intimidation were to make it impossible or considerably difficult to resist the victim, not only the content and degree of such assault and intimidation, but also all the circumstances such as the developments leading up to exercising force, the relationship with the victim, and the sexual intercourse at the time of the sexual intercourse, etc. shall be determined by the Supreme Court.