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(영문) 서울중앙지방법원 2019.07.24 2018고합1208
유사강간
Text

The defendant shall be innocent.

Reasons

1. Around May 1, 2018, the Defendant: (a) around 09:30 on May 1, 2018, the Defendant: (b) lent the Defendant’s mobile phone to the victim so that the victim who lost his mobile phone at the accommodation of the victim C (the age of 24) located in Seocho-gu Seoul building and the victim C (the age of 00) can communicate with D, waiting for contact with D; (c) the victim was able to move to the victim with D; (d) even though the victim was pushed the Defendant, the victim was tightly pushed the victim, was tight off the victim by tightly pushed the victim into the bed; (d) the victim’s chest was tighted into the bed; and (e) the victim’s chest was knicked into the victim’s buck and panty; and (e) the victim’s knick knife was put into the victim’s knife.

Accordingly, the Defendant committed similar rape by assault.

2. Relevant legal principles

A. The burden of proving the facts charged in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected of guilty, 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 2009Do1151 Decided July 22, 2010). B.

In particular, direct evidence consistent with the facts charged requires a high probative value to the extent that there is no room for doubt about the truth and accuracy of the statement in order to find a guilty of the facts charged because the victim's statement is merely hearsay evidence based on the victim's statement, and when determining whether the victim has such probative value, the victim's statement itself is reasonable, consistent, objective reasonableness, as well as the victim's sexual character.

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