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The defendant is innocent.
Reasons
1. On August 31, 2013, at around 18:00 on August 31, 2013, the Defendant: (a) entered the issue of sexual intercourse with the victim D (the age of 21) who was known to the Defendant’s house under Seongbuk-gu Seoul Seongbuk-gu Seoul (C Underground 1); (b) placed the victim on the part of his own, “the victim” and “the victim was placed on the part of the victim, who was forced to put the victim on the part of the bed, detained the victim’s resistance on the part of the bed; and (c) placed the grandchildren on the part of the victim’s panty panty; and (d) put the victim’s hand on the part of the shoulder; and (d) put the victim’s hand on the part of the shoulder, the Defendant forced the victim to turn on the back and turn on the back of the victim’s two legs; (c) made a rape by inserting the victim’s half and panty t
2. The summary of the defendant's and defense counsel's assertion that the defendant made a sexual intercourse with the victim and made a statement that "not at the time when the victim was born" was called "not at the time when the victim was born." However, in light of the surrounding and following circumstances, there was no assault or threat in the crime of rape.
3. Determination
A. The establishment of facts constituting an offense in a criminal trial ought to be based on strict evidence with probative value, which leads a judge to have a reasonable doubt, insofar as the prosecutor’s proof does not sufficiently reach the extent that such conviction would lead to such a 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 doubt of guilt, such as the defendant’s assertion or defense is inconsistent or unreasonable.
Furthermore, in order for the victim to be convicted of charges solely based on the victim’s statement, the high probative value is required to the extent that there is no doubt about the authenticity and accuracy of the statement. In determining whether such probative value is satisfied, a comprehensive consideration should be given not only to the reasonableness, consistency, objective reasonableness of the victim’s statement but also to personal elements, such as the victim’s sexual character.
Supreme Court Decision 201No. 5. 5.