성폭력범죄의처벌등에관한특례법위반(주거침입강간)
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The summary of the facts charged is that the Defendant, at around 23:00 on June 14, 2014, drinking alcohol with the victim F (57 years of age) at the kitchen room of “E”, which is a temple located in D (E), who tried to get out of the victim’s body after the victim arranged the lock site for the Defendant, to see the victim’s own hand, to see the victim’s body with a shock shock, and to see the victim’s body, and then to see the victim’s body above the victim’s body. However, the Defendant failed to take out the victim’s body with the victim’s right to her body and to see the victim’s sound to prevent the victim from having sexual intercourse (hereinafter “the first rape”). However, after about 10 minutes, the Defendant failed to take out the victim’s body and failed to take out the victim’s body, and then did not have sexual intercourse with the victim’s body to prevent the victim from having sexual intercourse with the victim’s body.
3. Determination
A. In light of the fact that the victim made it difficult for the defendant to resist by putting his/her arms from the investigative agency to this court and then intended to engage in sexual intercourse, it is true that the defendant does not commit the crime of attempted rape against the victim as stated in the facts charged.
B. However, the burden of proving the facts charged in a criminal trial is the burden of proof.