logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.10.21 2015고합405
강간미수등
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Facts charged;

A. At around 10:00 on October 2, 2014, the Defendant committed an indecent act by compulsion against the victim, such as: (a) the victim E (the age of 61) of caregiver, who cared the Defendant’s mother at the Defendant’s residence of Dobong-gu Seoul Metropolitan Government D apartment 1906, 407, was frightening the Defendant’s mother at the Defendant’s house from the kitchen to the kitchen, and she was forced to commit an indecent act.

In addition, the Defendant, from around that time to December 24, 2014, committed an indecent act by force on five occasions in total, such as the list of crimes in the attached Form.

B. Around October 29, 2014, the Defendant assaulted the victim by selling approximately 30 seconds on the ground that there was no satch that the victim made at the above place in the foregoing manner.

C. At around 11:00 on January 6, 2015, the Defendant, who attempted rape, pretended that there was an urgent need to complete the said place, left the said victim’s residence, leaving the victim’s house, leaving the victim tightly, leaving the victim tightly, leaving the victim’s body, leaving the victim tightly, leaving the victim’s arms and legs away from the part of the Defendant, making the victim’s arms and legs not to resist, and attempted to rape with the victim’s will off and rape. However, the Defendant did not commit an attempted rape but did not go against the wind of the victim, such as sound and a motor vehicle.

2. Determination

A. In a criminal trial, the prosecutor bears the burden of proving the facts constituting the crime prosecuted, and the conviction should be based on the evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected of guilty.

Even if there is no choice but to judge the interests of the defendant.

(see, e.g., Supreme Court Decision 2009Do1151, Jul. 22, 2010). (B)

The direct evidence corresponding to the facts charged in this case is the investigative agency and the victim.

arrow