(영문) 청주지방법원 충주지원 2019.11.21 2019고합37

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 충주지원 2019.11.21 2019고합37

아동ㆍ청소년의성보호에관한법률위반(강간)

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The Defendant is a person who has operated the “C” in the Chungcheongbuk-si, Chungcheongnam-si, Chungcheongnam-si, and the victim D (V, 17 years old) was a person who was a part-time student of the said “C”.

At around 14:00 on May 2, 2018, the Defendant demanded several times from the office located behind the above "C" store (hereinafter referred to as "the store in this case") (the concurrent use of employees and rests), the Defendant used the victim's sexual organ at the part of the victim, such as: (a) the victim was able to enjoy in the said bed; and (b) the victim was able to enjoy in the said bed, without any choice, the victim was able to live in the said bed; and (c) the victim's chest was able to have his bed; and (d) the victim was able to collect the finger from the part of the victim's clothes; and (e) the Defendant inserted his sexual organ into the part of the victim's sexual organ.

In this regard, the victim's refusal to engage in the sex relationship while pushing the defendant, but the defendant, by force, forced sexual intercourse after suppressing the victim's resistance and forced sexual intercourse, has been raped by the victim.

2. Although the Defendant and his defense counsel’s assertion were true at the above date, time, and place, the Defendant did not use assault and threat to the extent of making it impossible or considerably difficult to resist the victim, and did not inserting a sexual organ into the part of the victim.

3. Determination

A. In a criminal trial for the first instance of the relevant legal doctrine, the recognition of facts constituting a crime ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Therefore, in a case where the prosecutor’s proof fails to sufficiently reach the extent that such conviction would lead to, even if the prosecutor’s assertion or defense is inconsistent or unreasonable, it should be determined in the interests of the defendant even if there is suspicion of guilt, such as the defendant’s assertion or defense is inconsistent or un

In addition, the above strict certification includes all the specific criminal facts stated in the indictment by the prosecutor.

유사 판례

-대구지방법원 2019.06.28 2018고합518

-대전고등법원 (청주) 2020.05.14 2019노280

-청주지방법원 2020.10.23 2019고합176

-대구지방법원 2016.10.21 2016고합133

-수원지방법원 성남지원 2017.05.18 2016고합270