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(영문) 수원지방법원 안산지원 2019.01.21 2018고합141
성폭력범죄의처벌및피해자보호등에관한법률위반(특수강간)
Text

The defendant shall be innocent.

Reasons

1. On August 13, 2008, the Defendant sent the instant facts charged via “B”, which is the Internet hosting site, to the victim C (the age of 16 at that time) and D, “the Defendant will show the sea, satisfing, and satisf,” thereby promising the victim and D to talk with the said victim. On August 14, 2008, the Defendant moved the victim and D to the JJ located in Ansan-si E (current trade name: G) at Ansan-si around 00:00 on August 14, 2008, the Defendant moved the victim and D to the victim and the H tank operated by the Defendant, and moved the victim and D to the J located in the city of Sih.

At around 01:00 on the same day, the Defendant: (a) parked the above vehicle on the side of the drone, parked the vehicle on the part of the victim and D; (b) made the victim and D leave the vehicle on the same day; (c) made the victim and D use the Raber, which is a dangerous object in the above vehicle, and act as the victim and D with D, and made the victim and D interfered with it; and (d) threatened the victim and D with the knick part of the above Raber’s knife at least twice, by threateninging the victim’s head knife and D’s head knife; (d) forced the victim and D to have the victim and D wear the knife knife knife knife knife.

The defendant continued to enter the victim and D into the above vehicle, made the victim sit on the front string, and inserted the defendant's sexual organ into the part of the victim's sound.

Accordingly, the defendant carried dangerous objects and raped the victim.

2. Determination

A. At the time of the instant case, the Defendant and his defense counsel’s assertion is merely a sex relationship under the agreement with the victim, and there was no assault and intimidation by carrying the Raber, which is a dangerous object, and then raped the victim.

B. The recognition of facts constituting an offense in a relevant criminal trial ought to be based on strict evidence of probative value, which leads a judge to such a degree that there is no room for a reasonable doubt, so that the prosecutor’s proof may lead to such conviction.

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