(영문) 수원지방법원 2015.02.03 2014고합448

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Reasons

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줄 간격

자간(%)

(영문) 수원지방법원 2015.02.03 2014고합448

강간미수

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged reveals that the Defendant came to know of the kind of friendly introduction, and, along with the victim E (neither drink nor 19 years of age), went to the Gelel located in Suwon-gu F from June 11, 2014 to 03:40 on the same day (hereinafter “the instant telecom”).

The Defendant: (a) placed the victim on the bed; (b) placed the victim on the bed; (c) placed the victim’s two descendants on one hand on the part of the victim; (d) laid off the victim’s kid by force; and (e) put the victim’s chest and panty; and (e) put the victim’s chest and panty into the negative part of the victim’s body while holding the victim’s chest and her sexual organ into the part of the victim, but the victim saw the victim’s body and her sexual organ into the part of the victim’s body; and (d) put the victim’s her sexual organ into the negative part of the victim’s body; and (e) put the victim’s her sexual organ into the victim’s body again, she attempted to put the victim’s body into the negative part of the victim’s body.

2. Determination

A. In a criminal trial, the finding of guilt ought to be based on evidence of probative value, which leads a judge to have the conviction that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, the doubt of guilt against the defendant is doubtful even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 2014Do2918 Decided July 24, 2014, etc.)

B. The main content of the victim’s accusation statement, victim E’s legal statement, victim’s written statement statement, CD recorded by the prosecution, victim’s statement recording, and victim’s accusation statement is that: (a) the Defendant placed the victim on the victim’s room; (b) imprisoned the victim’s body; (c) detained the victim’s resistance; and (d) forced the victim to sexual intercourse with the victim.

C. However, according to the evidence duly adopted and examined by this Court, the following circumstances are recognized.

1. The victim on June 10, 2012

참조판례

-대법원 2014. 7. 24. 선고 2014도2918,2014전도54 판결

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