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TITLE Supreme Court Decision 2018Do7709 Decided October 25, 2018 【Rape; Special Bodily Injury; Bodily Injury; Special Intimidation; Intimidation; Assault】 [full Text]
Summary
[1] Meaning and limitation of the principle of free evaluation of evidence
Degree of an inner conviction required to find a person guilty of a crime in a criminal trial and a case where the credibility of statements given by victims, etc. is recognized
[2] Matters to be considered in a proceeding of sexual assault or sexual harassment and method of determining the probative value of a statement made by a victim of sexual assault
[3] Standard and method of determining whether the offender committed an assault on and intimidated the victim to the extent establishing the crime of rape
[4] In a case where a victim’s statement is practically the only evidence to prove the facts charged in the crime of rape, whether the circumstance indicating that the defendant’s statement lacks rationality from an empirical point of view and is contradictory in and of itself may serve as indirect evidence underpinning either the credibility of a victims’ statement, or the facts charged when combined with the victim’s statement, which is direct evidence (affirmative)
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