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(영문) 인천지방법원 부천지원 2016.05.27 2015고합246
강간미수
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is as follows: (a) on April 21, 2015, the Defendant: (b) around 22:40, at a singing practice room in Kimpo-si, Kimpo-si, Dapo-si, drinking together with the victim E (the victim’s age 41) for rape; (c) for the victim; (d) for the victim, kids; and (e) for the victim by inserting his hand with his clothes, and for the victim’s chest, refused, the Defendant was forced to leave the victim’s buck on the sof wave located therein; and (d) the Defendant got the Defendant’s buck softened, she did not go against the victim’s body, and then she did so without the victim’s resistance; (e) for the victim’s chest, the Defendant attempted to have the victim’s chest, and (e) for the victim’s chest, she did not her to have the victim’s her chest, and did so.

2. The defendant's defense counsel only attempted to have a sexual intercourse for about 20 minutes in his singing room with the victim's agreement, and there was no forced sexual intercourse against the victim's will.

3. Determination

A. In a criminal trial, the prosecutor bears the burden of proving the criminal facts prosecuted in the criminal trial, and the finding of guilt must be based on the evidence of probative value that makes a judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, the interest of the defendant should be determined even if there is a doubt as to the defendant (see, e.g., Supreme Court Decision 2009Do1151, Jul. 22, 2010). (B) First, according to the statement of F, which is a health care unit, the defendant, the victim, and the victim, and the staff member of the 112 reported case processing as of April 21, 2015, according to the following: (a) the victim is the defendant and the defendant around 22:40, Apr. 21, 2015.

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