(영문) 수원지방법원 평택지원 2018.10.05 2018고합103

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(영문) 수원지방법원 평택지원 2018.10.05 2018고합103

강간

Text

The defendant shall be innocent.

Reasons

1. On November 26, 2017, the summary of the facts charged in the instant case: (a) the Defendant, who became aware of “B” SNS around “B” around November 26, 2017, entered the instant case with the victim C (so-called “B”) and the first film, and (b) around 18:05 on the same day, and entered the case with the victim as the victim Del E in Seongbuk-gu, Sungnam-si.

Defendant 1, after entering the above telecom, she saw the shower, followed the Defendant and got shower, and she ended on the part of the victim, and then divided this film with the victim who was going through the shower, with the intent to rape the victim. Defendant 1 was able to get the victim's left side with the victim's own hand, followed the victim's hand by getting the victim's head head to be fright up, and added the victim's head to the victim's hand, again, she took one part of each part of the victim's hand back to the victim's body, etc., and she took a step to prevent the victim from going through the shower, and added it to several times in the port of the victim's resistance. However, the victim did not cut off the victim's head to the victim's head to the bed, and added the victim's head to the victim's hand. However, the victim did not cut off the victim's head to the victim's head to the right.

Accordingly, the Defendant raped the victim.

2. Determination

A. The gist of the Defendant’s assertion is only a sexual intercourse by agreement with the victim, and there is no fact of rape by using force or violence, and there is no fact of inserting the sexual organ into the victim’s resistance.

B. The relevant legal doctrine 1) In a criminal trial, criminal facts ought to be established based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. As such, in a case where the prosecutor’s proof did not reach the extent that it would lead to a sufficient conviction, there is suspicion of guilt due to contradictory or uncomfortable dismissal of the Defendant’s assertion or defense.

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