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(영문) 부산지방법원 2014.06.20 2013고합803
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

The defendant shall be innocent.

Reasons

1. Around May 6, 2013, the Defendant: (a) around 02:30 on May 6, 2013, the Defendant: (b) opened and intruded the door set forth in the above 608-mentioned 608 when the victim E (the age of 22) was working for the “Dmotour” information room located in Busan City’s YAC; (c) found the her her her her mar in a mixed with the her her mar; and (d) took advantage of the spare heat stored in the her her fel room and carried the her her mar in a

The Defendant exceeded the above 608 entrance, and tried to have sexual intercourse with the body of the victim, who was frightened in the guest room with clothes 608 under the influence of alcohol, with the part of the shoulder of the victim. However, the victim did not have the intent to commit sound from diving.

As a result, the defendant invaded into the victim's maternity room, and was under the influence of alcohol, trying to have sexual intercourse with the victim who was not able to resist.

2. The gist of the Defendant’s and his defense counsel’s assertion is consistent from the police to this court, and the Defendant asserts that, as stated in the above facts charged, the victim entered 608, the victim was living together, but it was merely at the risk of safety of the victim, and that there was no attempt to engage in sexual intercourse as stated in the above facts charged.

3. Determination

A. Among the evidence submitted by the pertinent prosecutor, there are the victim’s legal statement, the police statement of the victim, the victim’s accusation statement, and the investigation report (the victim’s 112 reported statement recording).

Ultimately, the issue of deciding on the above facts charged is whether or not the credibility of the victim's statement, and the below will examine the credibility of the victim's statement.

B. The recognition of facts constituting an offense in a criminal trial should be based on strict evidence of probative value, which leads a judge to the extent that there is no room for a reasonable doubt.

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