208Gohap954 Robbery, rape, punishment of sexual crimes, protection of victims, etc.

Violation of law (inflicting of Rape, etc.), punishment of sexual crimes and victims thereof.

Violation of the Protection, etc. Act (Use of Cameras) and thief

A (54years, South) and agency drivers

Errors, number of mines, leaps

Attorney Lee Dong-chul, Kim U.S. (Korean National Assembly)

April 6, 2009

The defendant is innocent.

The summary of the judgment against the defendant shall be published.

1. Summary of the facts charged

(a) Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof;

At around 10:10 on December 13, 2008, the Defendant believed the Defendant’s speech that he would introduce a person who will rent water purifiers at the Defendant’s house located in the Busan Bluedong-gu, Busan, and found at the house “I am going first, I would be waiting to leave the house. I want to get the victim’s face. I would like to get the victim’s cell phone back by using the victim’s cell phone “I am the victim’s face” and “I am the victim’s cell phone off by taking excessive amount of 20.5 cm, which is a dangerous object outside the room.”

In this regard, the subject person, the accused, or the defendant, who was the victim's being the victim, is waiting to leave the victim. The two people are waiting outside the vehicle. They called the victim as soon as he gets off the clothes.

As a result, the Defendant, by assaulting and threatening the victim so that he could not resist, exceeded all the clothes of the victim, and entered this part with the victim, followed the victim by having the victim frightly enter his chest and sexual organ, and sexual intercourse with the victim once after having sexual intercourse with the victim, and sexual intercourse with the victim for more than six days in hospital treatment.

B. After robbery and rape, the Defendant taken off the wall from the victim's bank, and extracted the card that can be used here, as it is necessary to escape. If it is necessary to get money, it will send it to the victim. The password is called . .) The Defendant, as the victim might cause a new danger and injury to his body, led to the suppression of the resistance and issued one copy of the Busan Bank Telecommunication Card from the victim who was frighten and frighted.

In this way, the defendant, who received a physical card from the victim, was able to kill the victim, and the defendant asked the defendant to enter B with the phone where the outstanding amount is available, and then withdraw the money using the above card. However, the defendant refused to do so, and the defendant came to go to a dunes and the victim "shall not become aware of the death of the victim", while making the defendant go to a dunese as if he would inflict a greater personal injury on the victim. Accordingly, the defendant forcibly taken one physical card from the victim, by threatening the victim, and sexual intercourse with the victim, and sexual intercourse once with the victim.The violation of the Act on the Punishment of Sexual Crimes and Protection of Victims of Sexual Crimes (Amera, etc. Taking advantage of Kamera) was committed.

The Defendant taken several photographs of the body and face of the victim, which could cause a sense of sexual shame by using the Defendant’s cell phone, which has a photographic function against the victim’s will, immediately after having sexual intercourse twice with the victim.

(d) Larceny;

1) At the same time, the above Defendant sent C, who is acting on behalf of the Defendant, by telephone, and sent a paper stating the victim’s body card and password, and sought KRW 2,40,000. Accordingly, the Defendant: (a) sold C, who is aware of the fact, and caused him to withdraw KRW 2,40,000 from the cash withdrawal machine at the point of Busan Bank, the Busan Bank’s annual cash withdrawal.

2) Around 14:30 on December 18, 2008, the Defendant: (a) posted the check card installed in the subway station located in the Namsan-dong of Busan, and then withdrawn KRW 70,000 from the password and stolen the password.

2. Defendant's assertion;

The Defendant had sexual intercourse with the victim at the time, time, and place indicated in the above facts charged, and withdrawn cash twice from the victim, but the Defendant did not have sexual intercourse with the victim with the consent of the victim, withdrawn money by borrowing money from the victim, and did not have taken photographs using a cell phone. The Defendant asserted that there was no fact that he had taken the aforementioned facts charged.

3. Determination

As shown in the above facts charged, a prosecutor submits the victim's statement in this law and investigation agency as the victim's statement, accusation statement, investigation report (to hear the victim's telephone statement), statement in this court, police statement, F's statement in this court, investigation report (to hear the F phone statement of the witness), C police statement, gene analysis appraisal report, each investigation report (such as copy of passbook, damaged articles, photographing, seizure, attachment of a written confirmation of hospitalization, B, and C telephone statement statement). The victim's oral statement, which is the most important evidence of the facts charged, can be acknowledged credibility at the time when the victim's oral statement was made using the kitchen and one room, and it is narrow to the extent that the victim was able to know about the victim's face immediately after the victim's oral statement, and it is difficult to see that the victim's oral statement and the victim's oral statement were made using the victim's oral prescription at the time when the victim's oral statement was made by the victim's body and the victim's oral statement in this case.

In addition, at the time of the act of sex, the victim stated that at the time of the act of sex, the kitchen has laid tap water in the kitchen and had the rear water several times, and this cannot be easily trusted in light of the general form of conduct of rape victims seeking to preserve evidence.

On the other hand, immediately after the act of sexual intercourse, the Defendant called to the workplace partner C with the Defendant’s house, asked the victim to withdraw cash by means of the victim’s body card. After the instant case, the Defendant asked the victim to talk with the victim prior to arrest on December 18, 2008. The Defendant’s series of actions that occurred immediately after the time of the instant case and immediately after the time of the instant case were raped by a person in a food-related relationship, and it is difficult to accept as a criminal act committing robbery.

In full view of the above overall circumstances, it is difficult to consider the victim’s statement as evidence of probative value that leads to the conviction that the facts charged are true beyond a reasonable doubt, and the remaining evidence submitted by the prosecutor alone is insufficient to find the defendant guilty of each of the above facts charged, and there is no other evidence to acknowledge it otherwise.

4. Conclusion

Thus, since each of the above facts charged against the defendant constitutes a case where there is no proof of crime, it shall be sentenced not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the summary of this decision shall be publicly announced pursuant to Article 58 (2)

Jurors's verdict

The nine jurors are not guilty of a full-time defect

The presiding judge and the highest judge

Judges fixed-term

Judges Kang Han-hee