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(영문) 서울동부지방법원 2013.12.17 2013고합260
강간미수
Text

The defendant shall be innocent.

Reasons

1. Around 05:00 on July 31, 2013, the Defendant attempted to give money to the Victim G (the 37-year old age) and to have sexual intercourse with the female in a 103 room located in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, but the Defendant refused it, attempted to leave the victim’s panty and panty in a way that the victim was forced to leave the victim’s body and panty in a way that the victim was suffering from the victim’s body and did not resist the victim’s body. However, the Defendant attempted to put the victim out of the victim’s panty and panty ties into the part of the victim’s body. However, the Defendant did not have the intent to escape out of the said 103 room and attempted to take the victim’s panty and panty into the part of the victim’s body.

2. While the Defendant and his defense counsel agreed to engage in commercial sex acts with the victim at the Fing point 103 room at the time of the instant case and had sexual intercourse with the victim as a matter of consideration, the Defendant only committed an act to put the victim's arms, arms, etc. and prevent the victim from leaving the above 103 room, and there was no fact that the Defendant attempted to rape the victim as stated in the judgment.

3. Determination

A. The establishment of facts constituting an offense in a criminal trial shall be based on strict evidence of probative value, which leads a judge to have a reasonable doubt, to the extent that there is no room for a reasonable doubt. Thus, in a case where the prosecutor’s proof fails to sufficiently reach the extent that such conviction would lead to such a conviction, even if there is a doubt of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal, it should be determined in the interests of the

(see, e.g., Supreme Court Decision 2010Do14487, Apr. 28, 2011). B.

In other words, at the time of the instant case, the victim was the Defendant at the Fsing point 103 room.

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