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(영문) 서울동부지방법원 2013.12.19 2013고합214
강간치상
Text

The defendant shall be innocent.

Reasons

1. Around July 20, 2013, at around 22:46, the Defendant: (a) committed sexual intercourse with the victim G, who was drunk in the F Hotel 2310 room in Songpa-gu Seoul, with a view to committing rape; (b) was fluoring the victim’s left hand, fluoring the victim into the guest room; (c) was fluoring it into the victim’s body; (d) was fluoring the victim’s finger hand, fluoring the victim’s chest, leaving the victim’s breast and brut the clothes; and (e) was fluoring the victim into the victim’s body, she was fluoring the victim’s chest and fluor, she was unable to resist the victim’s clothes and fluor; and (e) was fluoring the victim into the part of the victim’s body; and (e) was fluoring the victim into the part of the victim’s body.

2. The gist of the defendant's and his defense counsel's assertion is only a sex relationship under the agreement with the victim, and there is no fact that the victim rapes the victim and sustained bodily injury.

3. Determination

A. The establishment of facts constituting an offense in a criminal trial shall be based on strict evidence of probative value, which leads a judge to have a reasonable doubt, to the extent that there is no room for a reasonable doubt. Thus, in a case where the prosecutor’s proof fails to sufficiently reach the extent that such conviction would lead to such a conviction, even if there is a doubt of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal, it should be determined in the interests of the

(see, e.g., Supreme Court Decision 2010Do14487, Apr. 28, 2011). B.

The following circumstances acknowledged by the evidence in the record, namely, the Defendant asserted that at the time of the instant case, the victim brought the death penalty out of the said guest room and went away from the body of the Defendant. As such, the Defendant’s statement on the point of time when the victim received a marina log from the victim is inconsistent, and the Defendant was silentd around July 22, 2013.

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