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(영문) 광주지방법원 순천지원 2019.02.21 2018고합114
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged was a high school student, and the defendant associated with C (the 13-year old, hereinafter referred to as the Appellant) through the first police officer B on March 2017.

At around 17:00 on May 28, 2017, the Defendant: (a) hospitalized the Defendant at the E Hospital 553 room; (b) kisced the kis, kisced the kis, and kisced the kisc; (c) kisced the vescted, kisced the vesced, kisced the vesced, placed the ves into the vesced, kisced, kisced against the vesced, “Is???????????????????????????????????????????????????????????????????????????????????????????????????????????????????

Accordingly, the defendant raped the complainant who is a child or juvenile.

Judgment

In order to establish the crime of rape, the perpetrator’s assault and threat must be such as to make it impossible or considerably difficult to resist the victim, and whether the assault and threat was made to make it impossible or considerably difficult to resist the victim, shall be determined by comprehensively taking into account all the circumstances, including the content and degree of the assault and threat, the developments leading up to exercising force, the relationship with the victim, and the circumstances at the time of sexual intercourse and the subsequent circumstances (see, e.g., Supreme Court Decision 2006Do5979, Jan. 25, 2007). Article 307(2) of the Criminal Procedure Act provides that “The recognition of the crime of crime should be proved to the extent that there is no reasonable doubt.”

Therefore, the conviction in a criminal trial should be based on evidence of probative value, which leads a judge to the conviction that the facts charged are true beyond a reasonable doubt.

The prosecutor alone leads to such convictions by the evidence submitted by the prosecutor.

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