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TITLE | Supreme Court Decision 2018Do7709 Decided October 25, 2018 ¡¼Rape; Special Bodily Injury; Bodily Injury; Special Intimidation; Intimidation; Assault¡½ [full Text] |
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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 the proceedings of sexual assault or sexual harassment cases and method of determining the probative value of a statement made by a victim of sexual assault, etc. [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 victim¡¯s statement, or the facts charged when combined with the victim¡¯s statement, which is direct evidence (affirmative) |