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(영문) 서울북부지방법원 2014.03.28 2013고합246
강간미수
Text

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

Reasons

1. Around 02:00 on June 3, 2012, the Defendant, at the house of D located in Dongdaemun-gu Seoul Metropolitan Government, drinks with E, D, victim F (at the age of 53) and fluencing, who is a partner, entered the victim’s first locking room, entered the victim’s mind to rape, and then attempted to rape the victim’s face at his/her seat at the locking room with the victim’s fluoring the fluoring of the fluor. However, the Defendant attempted to rape the victim’s face with the victim’s fluoring the Defendant’s fluoring of the fluoring of the fluoring, and attempted to enter a small DNA bank.

2. The summary of the Defendant’s and his defense counsel’s defense counsel’s defense counsel’s defense date of the instant case indicated in the indictment on June 3, 2012. However, all of them stated that the Defendant, the victim, and D drinking alcohol on June 3, 2012 and the instant case occurred at around 02:00 on the following day. In particular, the victim memorys that his day was playing at D’s house on Sundays (in June 3, 2012), and the date and time of the crime stated in the indictment appears to be a clerical error in the indictment.

From the beginning of the preceding day, the victim was sleeped with the victim at a singing room, together with D's house, and then the victim was slicked in the room, and the victim was asked about where the victim can be held responsible for him/her. As the victim was asked about where he/she is responsible for him/her, there was a fact that the victim was slicked when the victim was her slick, and there was no fact that he/she attempted to rape the victim.

On the other hand, when the defendant filed a complaint against D et al. in fraud, D et al. had the victim with the intent to avoid the above fraud, and the victim filed a complaint against the attempted rape of this case.

3. Determination

A. The burden of proving the facts charged in a criminal trial is the burden of proof.

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