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(영문) 청주지방법원 2020.10.23 2019고합176
강간
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in this case was known that the Defendant borrowed money from the lending company to the lending company in order to lend money to the lending company by the victim B (the family name, the age of 25). However, the Defendant was aware that he was unable to repay the above loan due to the fraud, and the victim was also aware through C in this process.

When the Defendant came to know of the fact that C used bonds, etc. in order to repay the borrowed money from the lending company, the Defendant: “C may recover a long term, such as bean influencies, from the bonds company,” etc., with the horses of “C, with the victim and C,” and “I would be able to protect from the bonds company,” and the Defendant would escape from the bonds company at the residence, and let C use the victim’s unstable psychological condition and comply with the victim’s request.

On November 9, 2017, at around 23:00, the Defendant sent a drunk C in front of the Damo elevator at around the Damo-si, North America, and then sent the victim a sexual intercourse using the victim’s uneasiness hearing, but refused to demand the victim’s sexual intercourse, the Defendant: (a) led the victim’s hand to the Mour E room; (b) led the victim into the victim’s hand; (c) obstructed the victim’s hand over the victim’s hand; and (d) obstructed the victim’s voice, such as the victim’s voice and sound; and (d) obstructed the victim’s flab by putting the victim’s sexual organ into the part of the victim, and rape the victim by inserting the victim’s sexual organ.

2. Determination:

A. The recognition of facts constituting an offense in a criminal trial ought to be based on strict evidence of probative value, which leads to a judge to have a reasonable doubt. As such, in a case where the prosecutor’s proof fails to sufficiently reach the extent that it would lead to such conviction, even if the Defendant’s assertion or defense is inconsistent or unreasonable.

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