The defendant shall be innocent.

1. On April 25, 2014, the Defendant: (a) in the Defendant’s residence located in Boan-si, 00:35 on May 25, 2014, in drinking alcohol together with the Victim D (the age of 17) with the Defendant; and (b) had sexual intercourse once with the Victim’s will and panty in a manner that the Victim was under the influence of alcohol and was unable to resist due to being locked; and (c) had sexual intercourse with the Defendant.

Accordingly, the defendant raped the victim who is a child or juvenile in a state of impossibility to resist.

2. The Defendant and his defense counsel asserted that they had sexual intercourse with the victim at the time and place stated in the facts charged of the instant case, but only under the agreement, they did not have raped the victim who has been unable to resist.

3. Determination

A. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected to be guilty, even if there is no such evidence.

Even if there is no choice but to determine the interests of the defendant (see, e.g., Supreme Court Decision 2002Do6110, Feb. 11, 2003). In particular, the defendant consistently denies the facts charged, and the direct evidence consistent with the facts charged in the records is practically the victim’s statement, and the remainder of the evidence is only hearsay evidence based on the victim’s statement, and the victim’s statement only requires high probative value so that there is no doubt about the authenticity and accuracy of the statement in order to find the defendant guilty of the facts charged. In order to determine whether there is such probative value, the victim’s statement is reasonable, consistent, objective reasonableness, as well as personal elements such as the victim’s sexual character.