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(영문) 전주지방법원 2012.09.06 2011고합145
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is as follows: (a) on April 2010, the Defendant drinked the victim by drinking alcohol with the victim D (the 16-year old age) and friendship E with the Defendant, while drinking alcohol with the victim D (the 16-year old age) and friendship E; and (b) having a blick with the victim.

The Defendant: (a) took part in the body of the victim who was under influence of alcohol and was under difficulties; (b) took part in the body of the victim; (c) took part in the victim’s resistance against the victim; (d) took part in the victim’s clothes by force; and (e) took part in sexual intercourse with the victim at one time; and (e) took part in the victim’s clothes.

2. The defendant and his defense counsel asserted that the defendant and his defense counsel did not rape the victim from the police investigation stage to this court.

3. Each of the witness F and G’s legal statement, prosecutor’s protocol against E, victim D, F, H, G, and E, etc. is admitted as evidence corresponding to the facts charged in the instant case.

However, according to the prosecutor's protocol and the prosecutor's protocol on the day of the instant case, the victim stated that the Defendant and E drink drink drink drink as the above her drink on the day of the instant case. However, according to the prosecutor's protocol and the prosecutor's protocol on the day of the instant case, E stated that on the day of the instant case, the Defendant did not have any fact about the above her hair, and that the Defendant and the victim met the above her drink, and that there was a little deal with the victim's statement and E, it is inconsistent with the victim's statement and the victim's statement. ② The victim's statement was not present in this court due to the victim's unknown whereabouts, etc. ② The right of cross-examination of the victim's statement is not guaranteed. ③ According to the witness G's legal statement and the prosecutor's protocol on E, the victim continued to live in the above her mother's living after the instant case. ④ According to the witness's witness's witness's legal statement, G was a new wall on the following day of the instant case.

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