(영문) 서울중앙지방법원 2018.11.14 2018고합662

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(영문) 서울중앙지방법원 2018.11.14 2018고합662

준유사강간미수

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is as follows: (a) the Defendant, around July 16, 2017, Kuoka in Japan.

At the Kasta B Ba, the victim opened a house visit of the victim at around 07:00 on the same day as the victim would return to the room after drinking with Korean guests, including the victim C (n, 23 years of age) after drinking with Korean guests, and found that the victim was locked with the inside in the benda, on the same day.

The defendant put the hand in the victim's side, putting the victim's ship and chest into the victim's inside, and continued to put the victim's ship and chest into hot water, put the victim's hand into the victim's panty, put the hand into the part of the victim's sound.

As a result, the defendant tried to commit similar rape by taking advantage of the victim's resistance impossibility, but the victim was shouldered from diving, so he was attempted.

2. The Defendant and his defense counsel did not enter the victim’s room on the day of the instant case to put the victim’s fingers into the victim’s room.

3. Determination

A. The relevant legal doctrine is presumed innocent until a judgment of conviction becomes final and conclusive (Article 27(4) of the Constitution, and Article 275-2 of the Criminal Procedure Act). The presumption of innocence is not only the stages of investigating crimes, but also the large principle which leads to criminal procedures and criminal trials overall until a judgment becomes final and conclusive, and is based on the old legal text, “the benefit of the defendant, if doubtful,” which is the basis of our criminal law.

Article 307 (2) of the Criminal Procedure Act provides that "The recognition of facts constituting a 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.

If the evidence submitted by the prosecutor alone does not reach the extent to have such convictions.

참조조문

-대한민국헌법 제27조 제4항

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