logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.10.05 2018고합158
강간등
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged was as follows: (a) from July 25, 2017, the Defendant had been living together with the victim B (the age of 32).

A. At around 03:00 on August 18, 2017, the Defendant: (a) demanded the victim to photograph his sexual intercourse in a video image; (b) the victim refused to do so; (c) the victim took a computer monitor on the side of the Defendant’s body in hand; and (d) cut off the victim’s arms to cause damage; and (e) knee kne, knee in the upper body of the victim, knee kne in the part of the victim’s body; (c) fel the victim’s face; (d) fright the victim’s face by using the cell phone charging cable; and (e) fright the victim’s face with the victim’s frighten; and (e) felling the victim’s face with the victim’s face; and (e) felping the victim’s body, felling the victim’s body, and felling the victim’s part of the victim’s sex.

B. Defendant 1, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.) took pictures of the victim’s sexual organ by using a camera in his own smartphones while rapeing the victim at the above time and at the above place, the Defendant taken pictures of the victim’s sexual organ by inserting the victim’s sound book and inserting the Defendant’s sexual organ into the victim’s sound book.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

2. Determination

A. In the relevant legal doctrine, the prosecutor bears the burden of proving the criminal facts prosecuted in a criminal trial, and the conviction of guilt shall be based on the evidence with probative value sufficient to have a judge prove the authenticity of the facts charged to the extent that there is no reasonable doubt. If there is no such proof, even if there is a suspicion of guilt against the defendant, the conviction of the defendant cannot be determined (see Supreme Court Decision 201Hun-Ga, Feb. 2, 2016).

arrow