(영문) 수원지방법원 안산지원 2017.02.08 2016고합62

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(영문) 수원지방법원 안산지원 2017.02.08 2016고합62

유사강간등

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The accused shall publicly announce the summary of the judgment of innocence.

Reasons

1. Summary of the facts charged

A. A. A. On January 22, 2016, the Defendant: (a) around 03:35, at the home of the Defendant’s head of Ansan-si, C; (b) around 102, D; (c) 23 years old; and (d) f (20 years old); and (d) f (e) f (or 20 years old); (d) f (e) f (or f) f (or f (or f) f (or f (or f) f (or f) f (or f (or f) f (or f (or f) f (or f (or f) f (or f (or f) f (or f) f (or f (or f) f (or f) f (or f) f

Accordingly, the Defendant raped the victim E.

B. In a case where the Defendant, at the time and place specified in the above paragraph (a), told the victim F (or the 20-year-old age) who was drinking together, to go to the telecom, and the victim did not want to do so.

As a result of the answer, the breast was raised in the side of the victim by putting the hand into the inside of the victim's own damage.

Accordingly, the defendant committed an indecent act against the victim F by force.

2. The summary of the defendant's and his defense counsel's assertion is the fact that the defendant puts his fingers into the sound part of the victim E as shown in the facts charged, and delivered the victim F's chests, but did not commit the above acts against the victims' will.

3. Determination

A. The Defendant does not consent to the admissibility of the victim E’s written statement, the police’s written statement to the victim E, the police’s written statement to the victim E as evidence, and the police’s written statement to the victim E as evidence, and it is not recognized that E is authentic by the original statement because the original person was not present at court despite the legitimate summons of witness by the court.

Therefore, the failure of E to make a statement by attending the court as above constitutes “when a person who needs to make a statement at a preparatory hearing or a trial date in the case of Article 312 or 313, is unable to make a statement due to his/her unknown whereabouts abroad or any other similar cause” under Article 314 of the Criminal Procedure Act.

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