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(영문) 인천지방법원 2013.06.14 2013고합176
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The Defendant: (a) around 22:00 on December 26, 2012, the charge stated that “A victim C (n, 16 years of age) who became aware of through the punching pon-rating pon-rating pon-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-

On December 27, 2012, at around 01:40 on December 27, 2012, the Defendant: “Around 01:40, the Defendant was administered with the victim in Bupyeong-gu Incheon Bupyeong-gu, Incheon, Mamoto 507; “I see how gender and gender have been inside,” and “I see how I do so; the victim did not want to engage in a sex relationship; the Defendant was pushed off the victim’s arms by hand; the victim was unable to resist; the victim’s clothes was cut off, and raped once by sexual intercourse with the victim.

Accordingly, the defendant raped a juvenile victim by assault.

2. The Defendant’s summary of the Defendant’s assertion asserts that, even though at the time, the victim tolds that he did not want to do so, the victim was off panty of the victim, and the victim did not resist in the process, and the Defendant did not exercise assault, such as the facts charged, so the Defendant did not establish the crime of rape.

3. Determination

A. The burden of proof of the facts charged in a criminal trial of the relevant legal doctrine lies on the prosecutor, and the conviction of the guilty ought to be based on the evidence of probative value that makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the doubt of guilt against the defendant is between the suspect even if there is no such evidence.

Even if the interests of the defendant are judged, the interests of the defendant.

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