The defendant shall be innocent.

1. On September 8, 2016, the Defendant: (a) around 03:00, at the home of the Victim E (M, E, 27 years old); (b) after drinking alcohol together with the victim and the above F, the Defendant: (c) sent alcohol to the ward; (d) sent the victim, who was diving at the inside and outside of the room under the influence of alcohol; (e) put the victim’s sexual organ into the ward; and (e) inserted the victim’s sexual organ into the part of the victim; and (e) inserted the victim’s sexual organ into the part of the victim.

As a result, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss, or the impossibility of resistance.

2. The summary of the Defendant and his defense counsel did not have any act identical to that stated in the facts charged in the instant case.

3. Determination

A. In a criminal trial, the facts constituting a crime ought to be established based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. As such, in a case where the prosecutor’s proof does not sufficiently reach the extent of undermining the aforementioned conviction, even if there are suspicions of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal, it should be determined with the benefit of the defendant (see Supreme Court Decision 2010Do1487, Apr. 28, 201). (b) The victim’s statement, which is a direct evidence to prove the facts charged of the instant case, is difficult to believe with the fact that the defendant has sexual intercourse with the victim by taking advantage of the victim’s mental or physical loss or resistance impossible condition, as stated in the facts charged of the instant case, as indicated in the facts charged of the instant case.

It is difficult to see it.

(c)

Not guilty as a result of the jury's verdict: Seven persons (at will only).

4. In conclusion, the facts charged in this case constitute a case where there is no proof of facts constituting the crime, and thus, a judgment of not guilty is rendered after Article 325 of the Criminal Procedure Act.