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(영문) 창원지방법원 진주지원 2016.04.21 2015고합149
강간
Text

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

Reasons

1. The summary of the facts charged reveals that the Defendant borrowed money from the victim C (the age of 45) with the introduction of the offender and came to know with the victim, and that the victim was unable to pay the money borrowed from the Defendant, with the intention of committing rape.

A. On June 2015, the Defendant found the victim’s house located in Jinju-si D, Jinju-si, and demanded the victim to have sexual intercourse, but the victim refused this, and thereby the victim refused the request.

“In doing so, at the time of several times the victim’s face and chest by hand, the victim was laid over the floor of the room and the victim was set off, the victim’s panty and the victim was prevented from resisting the victim, and the victim was sexual intercourse once by inserting the victim’s sexual organ into the negative part of the victim.

Accordingly, the Defendant raped the victim.

B. On July 2015, 2015, the Defendant found the victim’s house as stated in the above paragraph (a) and demanded the victim to have sexual intercourse, but when the victim's face was rejected due to drinking as the victim refused it, the Defendant left the victim's house with the victim's "a Chewing year and a single feassium," and found him as a prison with her husband's body.

The Defendant’s sexual organ inserted the victim’s sexual organ into the negative part of the victim by putting the victim over the floor of the room and preventing the victim from resisting his panty and panty, and putting the victim’s sexual organ into the negative part of the victim.

Accordingly, the Defendant raped the victim.

2. The Defendant and his defense counsel asserted that the Defendant did not enter the victim’s house at the time of each of the instant crimes, and did not rape the victim.

3. Determination

A. The facts constituting the elements of the offense charged in a criminal trial are the prosecutor’s burden of proof, and the recognition of the facts constituting the offense should be based on strict evidence with probative value, which leads to the judge’s conviction to the extent that there is no reasonable doubt.

Therefore, it is therefore.

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