(영문) 청주지방법원 2015.09.23 2014고합212

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2015.09.23 2014고합212

강간등

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The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. A. At around 04:10 on April 21, 2014, the Defendant: (a) had a male toilet on the 1st floor of the Cheongju-si Seoul Building; (b) had the victim D (Inn, 19 years of age) who had drunk drinking after drinking alcohol together with the same restaurant D (inn, the 19 years of age), forced the victim to be a male toilet; (c) forced the victim to walk the toilet to the above male toilet; (d) had the victim kid the victim’s resistance; and (d) had the victim’s kid, kid, pushed the string, pushed the string, pushed the body tight, pushed the body flad with the victim, and collected the victim’s chest, and raid the victim’s finger with his hand, and raid the victim’s sexual finger.

B. At around 05:00 on the same day, the Defendant continued rape, from the stairs of the second floor of the same building on the same day, forced the victim to kis, sealed the victim’s resistance to the wall, forced the victim to knee, exempted panty from knee, and sexual intercourse with the victim following the victim, etc.

2. Summary of the defendant and defense counsel;

A. In relation to Article 1-A of the facts charged, the fact that the defendant kis with the victim and delivered the chest is recognized, but this is not forced to agree with the victim, but there is no fact that the defendant collected the fingers during the victim's sexual intercourse.

B. In relation to Article 1(b) of the facts charged, it is recognized that the defendant has sexual intercourse with the victim, but there was no rape by exercising assault or intimidation, and there was no intention to rape against the defendant.

3. Determination

A. The burden of proving the facts charged in a criminal trial is to be borne by the prosecutor, and the conviction is to be based on the evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt, so long as there is no such evidence, the suspicion of guilt is between the defendant, even if there is no such evidence.

Even the interests of the defendant shall be judged by the interests of the defendant.

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