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(영문) 창원지방법원 2018.07.19 2018고합62
강간
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged, around November 23, 2017, the Defendant, at Changwon-si’s main point of “D” located in Changwon-si, Changwon-si, would drink alcoholic beverages together with the victim E (one person, two years of age, 31 years of age) who was fluencing, and fluencing the victim on November 24, 2017, around 03:50.

On November 24, 2017, at around 04:00 on November 24, 2017, the Defendant came in front of the victim’s home located in F of the window of Changwon-si, and even though the victim “A. D. at home”, the Defendant “I am easy” to the victim.

The phrase "the victim's house" enters the victim's house, and the victim's "her married and married."

A. Even though “the victim” speaks, it would be easy to see “the victim.”

“In doing so, on the part of the victim, the victim was placed on a window at a window in a sloping wave, and the victim was able to rape the victim in order to attract the defendant, placed the victim on the floor, placed the victim on his hand, kid the defendant in a knife, pushed the victim’s chest, tightly, and fighted against the victim’s body, cut off the victim’s finger and panty, and raped once by sexual intercourse with the victim.

2. The Defendant and his defense counsel’s assertion that they had sexual intercourse with the E during the process of stopping the sexual intercourse with the E due to the sudden change of the E, and thereafter doing so, they did not rape the E, such as the facts charged.

3. Determination

A. Relevant legal principles 1) In a criminal trial, the conviction should be based on evidence with probative value that leads a judge to have the conviction that the facts charged are true beyond a reasonable doubt. Thus, in a case where the evidence submitted by a prosecutor does not reach the degree that such conviction would lead to such conviction, even if there are suspicions of guilt, it should be determined in the interests of the defendant (see Supreme Court Decision 2000Do5395, Feb. 23, 2001).

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