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(영문) 인천지방법원 부천지원 2016.12.16 2016고합155
준강간
Text

The defendant shall be innocent.

Reasons

1. On November 17, 2015, the Defendant: (a) around 23:00 on November 17, 2015, 2015, she was working in the “D” house near the territory of Seocheon-si, Seocheon-si, and was working in the “D” house near the territory of Seocheon-si; (b) the victim F (the age of 23 at that time) and the victim’s friendship with the victim’s friendship, and (c) carried out drinking and singing together with the neighboring main shop “H”.

At around 04:00 on November 18, 2015, the Defendant was able to rape the victim, and entered the victim who lost his mind with the Defendant’s house No. 101, 408, an officetel No. 101, 101, and 14:00 on November 18, 2015, and was raped once.

2. The defendant and his defense counsel's assertion are merely able to put a victim who has lost the mind of alcohol on a main place, and was placed in his house in his place of business, and there is no fact that he had sexual intercourse with the victim.

3. In a criminal trial, the burden of proof for the criminal facts prosecuted is to be borne by the public prosecutor, and the conviction should be based on the evidence of probative value, which makes the judge sure that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, the judgment should be based on the benefit of the defendant.

(see, e.g., Supreme Court Decision 2012Do5301, Oct. 11, 2012). The following circumstances revealed by the evidence duly adopted and examined by this Court, namely, ① the Defendant, along with E, proposed that the Defendant be fleeped in Hein house with E, and flicked with the victim and G, and thenet was playing together with the Defendant flicking to a neighboring main point; ② the victim was unable to wear the body by drinking alcohol, and the Defendant was flickly residing together with E).

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