아동ㆍ청소년의성보호에관한법률위반(강간)
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The summary of the facts charged is as follows: (a) the Defendant, from the end of September 2013 to the end of October 10, 2013, after drinking alcohol with E and the victim F (the age of 17), with the introduction of “C” alcohol house located in the Seocho-si B, which is located in the Seocho-si; and (b) the Defendant, with the introduction of “C” D and its introduction; (c) the Defendant, with the intent to rape the drunk victim; and (d) the Defendant, with the victim’s mind to find friendship
“” and the victimized person went to the telecom.
On the same day, the Defendant: (a) placed the victim on the bed, placed the victim on the bed; (b) placed the victim on the bed; (c) laid off the victim’s sphere, sphere, sphere, and sphere; (d) placed the victim’s sphere and clothes on the part of the victim; and (c) inserted the victim’s sphere into the
Accordingly, the defendant raped the victim who is a child or juvenile.
2. Determination
A. The establishment of facts constituting an offense in a criminal trial ought to be based on strict evidence of probative value, which leads to a judge to have a reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach the extent that such conviction would lead to the prosecutor’s above conviction, the determination should be made in the interests of the defendant even if there is suspicion of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal.
As such, the subject matter requiring strict proof includes all specific criminal facts as stated in the indictment by the prosecutor (see Supreme Court Decision 2012Do3722, Sept. 26, 2013, etc.). B. Based on such legal doctrine, the instant case in which the Defendant contests that he/she did not have sexual intercourse with the victim as stated in the facts charged.
1) The victim’s statement is admissible as direct evidence that there was sexual intercourse as indicated in the instant facts charged.
2) The victim, from the police to the court of this Court, had been out of the drinking house due to the lack of E while drinking alcohol at the above drinking house, and the defendant would take the drinking house into the place of E.