(영문) 전주지방법원 2018.07.05 2017고합198

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(영문) 전주지방법원 2018.07.05 2017고합198

아동ㆍ청소년의성보호에관한법률위반(강간등)

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The defendant shall be innocent.

Reasons

1. On September 13, 2016, the summary of the facts charged: (a) the Defendant contacted the victim C (or 16 years of age) with the Messenger, knew of the omission of the victim and the Messenger; (b) introduced himself as a male-parent body of the victim-friendly family; and (c) took the Messenger to drink with the victim; and (d) the victim consented to the Messenger’s drinking at the victim’s house.

1. At around 04:57 September 13, 2016, the Defendant: (a) at the victim’s house located in Geumcheon-gu E head; (b) after drinking alcohol together with the victim; (c) reported the victim, who was locked above the victim; and (d) reported the victim’s head; and (c) made the victim enter the victim’s sexual organ as soon as possible; and (d) exempted the victim from panty and panty, and said the victim does not refuse to do so.

On the other hand, at the time of resistance, it was found that there was a defect to get off from the bed and down down from the bed, again putting the two arms of the victim on the bed, put them on the bed, put them on the bed, prevented the victim from taking away his body, and rape once.

2. On November 16, 2016, at around 03:00, the Defendant demanded the victim to engage in a sexual intercourse at the same place as above, but the victim refuses and refuses to do so, the victim’s body is scambling the victim’s body, off the victim’s bridge, and forced the victim to break the victim’s bridge.

“Absently raped once after having frightened the resistance.”

2. Determination

A. The burden of proving the facts charged in a criminal trial of relevant legal principles is the prosecutor, and the conviction of guilt is based on evidence with probative value that makes a judge not having any reasonable doubt as to whether the facts charged are true. Therefore, if there is no such evidence, even if there is suspicion of guilt against the defendant, it is inevitable to determine the defendant as the benefit of the defendant.

In particular, if the defendant consistently denies the facts charged and the victim's statement is the only direct evidence consistent with the facts charged in the record, it is based on the victim's statement.

유사 판례

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