The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant was aware of the victim C (here, 21 years of age) and the middle school to friendly relationship.

At around 02:00 on May 5, 2014, the Defendant found the victim's house, and divided the victim's room D room room, which is the victim's house, and then the victim tried to stick to the victim's house on the part of the victim, and the victim's shoulder back to the victim's left chest again, and the victim does not end up with the defendant's shoulder, knife the victim's finger, knife the victim's shoulder, knife the knife, knife the victim's knife, knife, knife, and knife., knife the victim's chest." However, the victim exceeded the victim's clothes, knife the part of the victim's body, divided the victim's body into the victim's body part, and knife the victim's sex into the victim's part.

2. The summary of the Defendant’s and his defense counsel’s assertion is only a sexual intercourse under the agreement with C, and there has not been rape by assaulting or threatening C.

3. Determination

A. 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 in question were to make it impossible or considerably difficult to resist the victim, not only the content and degree of the assault and intimidation, but also the developments leading up to exercising force, the relationship with the victim, and the circumstances at the time of sexual intercourse and thereafter, should be determined by comprehensively taking into account all the circumstances such as the victim’s assault and intimidation.

(See Supreme Court Decision 2004Do2611 delivered on June 25, 2004). B.

There are statements made by C in the police, text messages sent by C and the Defendant after the instant case, and statements made by E in this court, which correspond to the facts charged in the instant case where the Defendant raped C, and the statements made by E are contents of transfer from C. Thus, the facts charged in the instant case is ultimately.