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(영문) 의정부지방법원 2018.01.25 2016고합461
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant is the person who is a company.

On January 1, 2016, around 00:15, the Defendant: (a) 105-dong C Apartment-gu, Namyang-si; (b) 105-dong 105-dong C Apartment-si, with the victim’s and the victim’s friendship E; (c) flown the alcohol on the bed; (d) the victim and the victim’s relative E; and (e) the victim got into the bed;

in place, if taken, shall be put to the house

followed. Doz. Do.

“Along with the Defendant’s body, the victim was placed on the bend, by putting the body of the victim on the bend, putting the victim on the bend, pushing the body of the victim, leaving the body above the body of the victim so as to prevent the victim from leaving the bend, and trying the victim to see and refuse the face, the victim demanded that “E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E, the victim’s hand knifs the victim’s body towards lower, and only the sound part of the victim, after getting off the victim’s kne, forced the victim’s kne part, put the victim’s kne, and sexual intercourse once by inserting the victim’s sexual organ into the part of the victim’s guidance.

Accordingly, the defendant raped a juvenile victim by assault or intimidation.

2. The recognition of facts constituting an offense in a criminal trial ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. As such, in a case where the prosecutor’s proof does not sufficiently reach the degree that the aforementioned convictions, the determination ought to be made in the interests of the defendant even if there is suspicion of guilt (see Supreme Court Decision 2010Do1487, Apr. 28, 2011). In particular, in a case where the defendant consistently denies facts constituting an offense and the victim’s statement is de facto only based on a victim’s statement that conforms to the facts charged on the record, in order to find the defendant guilty on the basis of the victim’s statement, the truth of the statement is excessive

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