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(영문) 전주지방법원 2015.04.30 2014고합226

성폭력범죄의처벌및피해자보호등에관한법률위반(강간등치상)등

Text

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

Reasons

1. Summary of the facts charged

A. On August 24, 2005, the Defendant violated the Act on the Punishment of Sexual Crimes and the Protection, etc. of the Victims (Death or Injury caused by Rape, etc.) went to the house of the victim E (the 24 years of age) and went to the crepit of the victim E (the crepit of 105 years of age) and went to the opening of a window that has not been corrected by the above house, and then, the Defendant was able to take off the crepit of the victim's crepit of the crepit of the crepit of the crepit of the body of the victim, and the Defendant was able to take off the body of the victim with the face and head of the 6-7 years of age, and the victim failed to take rape the body of the victim, but failed to complete the treatment of the crepit of the crepit of the body of the victim.

B. At the time and place of the above paragraph (a) above, the Defendant took advantage of the fact that the Defendant was unable to resist the said victim by using the excessive weapon, which is a deadly weapon as above, and subsequently took the Defendant’s force by taking the victim’s 100,000 won check, which is owned by the victim, and 10,000 won in cash from the victim.

2. In full view of the following circumstances, it cannot be deemed that the Defendant was proven to have committed the instant crime beyond reasonable doubt.

① The victim stated in the investigative agency and this court that “at the time of the damage, the victim was 165 to 170 cm, the physical size was normal and face,” and stated to the effect that “at the time of the damage, the perpetrator was satisd immediately before the offender, but the male ki was satd and the height was satd separately from the offender.”

However, according to the Seoul detention center reply, the defendant's key in the year 2006 near the time of the crime in this case was 180 cm and 90 km, so the victim's body weight was stated.