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(영문) 전주지방법원 군산지원 2016.01.28 2015고합69
강간치상
Text

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

Reasons

1. The summary of the facts charged is that the Defendant was aware of the victim D (n, 34 years of age) and that he was in peace.

On April 14, 2015, the Defendant: (a) followed the Defendant’s drinking at the “F Twitter” store located in Sinsan-si, Sinsan-si (hereinafter “instant main store”); (b) followed the Defendant’s drinking, and (c) followed the Defendant’s drinking in a sexual intercourse with the Defendant’s drinking.

Around 00:40 on April 15, 2015, the Defendant: (a) placed in Gel 608 Maurher (hereinafter “the instant Maurter”) located in the same building as the instant main point; (b) placed in a sexual intercourse with the victim; (c) placed the victim at home, but in the drinking, the victim was frighted with the victim’s hand, she was frighted so that he could not resist due to the victim’s humbing “doing of people” going on the floor, she was forced to go off, and panty off the victim, and she was sexually sexually sexually ill, and thereby, the victim suffered injury, such as an uneasiness in need of approximately 2 weeks treatment, on both sides of his retirement and about 4 weeks treatment.

2. The Defendant and his defense counsel asserted that around April 15, 2015, around 00:40, the Defendant was the same as the victim, but there was no assaulting the victim or causing bodily injury due to sexual intercourse with the victim as stated in the facts charged.

3. Determination

A. The burden of proving the facts charged in a criminal trial of related legal principles is to be borne by the prosecutor, and the conviction of guilt is to be based on evidence with probative value that makes the judge feel true enough to have no reasonable doubt. Thus, if there is no such evidence, even if there is no doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest in light of the above legal principles (see, e.g., Supreme Court Decision 2008Do4467, Jul. 24, 2008).

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