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(영문) 부산지방법원 동부지원 2016.11.08 2016고합79
강간치상
Text

The defendant shall dismiss the application filed by the applicant for compensation.

Reasons

1. The summary of the facts charged is the employee of “E” in Busan Shipping Daegu D.

At around 02:00 on August 3, 2015, the Defendant came to know that the Defendant would drink with the victim C (the age of 26)’s daily behaviors at “F” on the first floor of the above club underground.

On August 3, 2015, at around 07:40, the Defendant reported the victim who fested the alcohol with the victim while drinking the alcohol in the H restaurant located in Busan Metropolitan City, Busan Metropolitan City, to rape the victim, and suggested that the victim should drink the alcohol with the victim, and induced the victim to the Busan Metropolitan City I, 404, which is the Defendant’s residence.

Although the Defendant tried to place the victim's shoulder on the bed on the bed in the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the victim.

2. The defendant asserts that the defendant's assertion that he was placed on the place of lying in a boomed victim, and that he did not intentionally assault or threaten the victim of rape, and that he denies the intent of rape and the crime.

3. Determination

A. In a criminal trial, the recognition of a criminal fact should be based on strict evidence with probative value, which leads a judge to such a degree that there is no room for a reasonable doubt. Therefore, in a case where the prosecutor’s proof does not sufficiently reach the degree that such conviction would lead to such a conviction, the same shall not apply.

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