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The Defendant’s motion to attach the instant attachment order is dismissed.
Reasons
Judgment on facts charged
1. The summary of the facts charged [criminal record] Defendant was sentenced to four years of imprisonment with prison labor for a violation of the Act on the Protection of Juveniles against Sexual Abuse (Juvenile Rape, etc.) at the Cheongju District Court on April 30, 2009, and completed the execution of the sentence in the official prison on March 5, 2013, and the victim C (the victim 27 years of age) was aware of intellectual disability 2nd, and became aware of the intellectual disability of the victim.
【Criminal Facts】
At around 14:00 on March 7, 2015, the Defendant, “E entertainment room” located in Cheongju-si, a considerable area of Cheongju-si, had the victim talked with “E entertainment room,” and the Defendant temporarily resided with “G” 310 in the petition district F, Cheongju-si, a Cheongju-si, in which the Defendant had the victim go to go to the house of Cheongju-si,” and kid the victim’s chest by placing the victim on a forced place in her beds, and kid the victim’s chest by walkinging the clothes.
Therefore, although the victim refused to do so, "I do not do so..............", the defendant, in his hand, did not come up on the victim's back, and did sexual intercourse with the victim who has a physical and mental disability by force, without going up to the victim's spanty and panty."
2. Although the summary of the defendant's assertion of defense counsel has sexual intercourse with the victim, it was done under the agreement with the victim, and the defendant does not have sexual intercourse with the victim by force.
3. Determination
A. The burden of proving the facts charged in a criminal trial is to be borne by the prosecutor, and the conviction is to be based on the evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt, so long as there is no such evidence, the suspicion of guilt is between the defendant, 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 2001Do2823 delivered on August 21, 2001). B.
. The above.