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(영문) 수원지방법원 성남지원 2017.06.12 2016고합303

강간치상등

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

The request for the attachment order of this case is dismissed.

Reasons

Judgment on facts charged

1. Determination on forced indecent act

A. On July 17, 2016, the summary of the facts charged: (a) the Defendant placed the victim’s shoulder in good hands while drinking together with two other persons, including the victim E (inns, 54 years of age, 54 years of age and 54 years of age) and committed an indecent act by force against the victim according to the victim’s suffering.

B. (1) Each legal statement of the victim E, F, and G, victim E, and F, each police statement that correspond to the above facts charged, etc. are admissible as evidence.

D. However, comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the statements made by the victim E, F, and G are difficult to believe as they are, and the remaining evidence submitted by the prosecutor alone was proved to the extent that the above facts charged are beyond reasonable doubt.

It is difficult to see it.

(1) The statements made by the victim, F, and G in this court are inconsistent with each other as to the forms of indecent act, the frequency of indecent act, the time and interval between indecent act, and whether F was at the time of indecent act.

② The victim, at the police station, entered the victim's kisk to the extent of 2 times, not the degree of being drunk.

’ 고 진술하였는데, 이 법정에서는 ‘ 입술을 대긴 댔는데 혀가 들어 오진 않았다.

“The Defendant made a statement,” and F attempted at the police station to have the shoulder of the victim kids on two hand, and forced to do so.

“I am. I am. I am. I am. I am. I am. I am. I am. I am. I am.

“Falsely speaking” and is not consistent with its statements.

(3) The F shall have caused the instant case to the police on July 19, 2016.

In this court, the statement was made several times on July 19, 2016, and it was reversed that the prosecutor's questioning was made on July 17, 2016.