(영문) 서울동부지방법원 2015.04.23 2014고합414

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(영문) 서울동부지방법원 2015.04.23 2014고합414

강간미수

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The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. Around 14:00 on June 24, 2014, the summary of the facts charged is as follows: (a) the Defendant found at the home of the victim D (Woo, 58 years of age) located in Seongdong-gu Seoul Metropolitan Government; (b) talked with the victim while drinking a coffee with the victim; (c) the Defendant, at his own hand, mil the two arms of the victim; and (d) the Defendant tried to come up with the victim’s bridge so that the victim could not walk up with the victim’s bridge; and (c) the victim escaped to the inner part of the victim.

The Defendant continued to go home with the victim, her as the victim gets off, her clothes, and forced the victim to engage in sexual intercourse with the Defendant’s sexual organ, but the victim her sound and resisted, and she went out of the room.

Accordingly, the defendant tried to rape the victim, but attempted to commit it.

2. The Defendant asserted that, at the time of the instant case, he only appeared while taking coffees and talking with the victim while finding the victim’s house, and that he did not assault the victim or attempted to rape, the Defendant denied the instant facts charged.

3. Determination

A. The burden of proving the facts charged in a criminal trial is to be borne by the prosecutor, and the conviction is to be based on the evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the suspect is suspected of guilt even in the absence of such evidence.

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

(See Supreme Court Decision 2010Do9633 Decided November 11, 2010, etc.). B.

Among the evidence as shown in the facts charged of this case, the E, F’s legal and police statements were made, but these statements were made from the victim, and they are merely hearsay evidence based on the victim’s statement.

Therefore, the victim's legal system is the substantial evidence to acknowledge the facts charged of this case.

참조판례

-대법원 2010. 11. 11. 선고 2010도9633 판결

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