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(영문) 수원지방법원 2014.12.16 2014고합495

강간

Text

The defendant shall be innocent.

Reasons

1. On June 18, 2014, the Defendant: (a) asked the victim C (at 36 years of age) who had drinking alcohol at the same time to provide guidance to the motel; (b) induced the victim into the guest room No. 801 located in Osan-si D; (c) kneely knee knee knee knee knee knee knee knee knee knee knee knee knee knee kne kne kne kne kne kne, and rape once.

2. In a judgment of conviction in a criminal trial, the conviction ought to be based on evidence of probative value, which leads to a judge to have a conviction that is beyond a reasonable doubt, to the extent that the facts charged are true. Therefore, if there is no such evidence, the doubt of guilt against the defendant should be disregarded.

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 2014Do2918 Decided October 24, 2014, etc.), the victim’s legal statement, police statement against the victim, and the victim’s statement statement, the main contents of the victim’s complaint are as follows: (a) the Defendant placed the victim on the part of the guest room; and (b) led the victim to the suppression of the victim’s arms and urines; and (c) forced the victim to have sexual intercourse with the victim.

However, the following circumstances acknowledged by the evidence duly adopted and examined by this court, i.e., ① the victim sent a text message to the Defendant on June 13, 2014, and then divided a private conversation between about 51 minutes by posting the Defendant’s phone, and even on June 17, 2014, the Defendant appears to have actively induced the Defendant’s meeting by sending the text message to the Defendant. ② According to the video recorded in the CCTV in the above telecomter, the victim took part in the body of drinking alcohol in this court, unlike the statement to the effect that “the Defendant was intending to help the Defendant seek the telecom.”