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(영문) 의정부지방법원 2017.01.19 2016고합135

준유사강간

Text

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

Reasons

1. On July 12, 2015, the Defendant: (a) lent tobacco to the victim D (20 years of age) who had been talked with the Defendant at the entrance of a singing room at which it is impossible to identify the trade name in the city of the government around 03:00; (b) provided the Defendant with the tobacco to the victim; (c) provided drinking together with the victim at the main place in the vicinity thereof; and (d) provided the victim with the Furher 303 at the time of the Government of the Republic of Korea.

At around 06:30 on the same day, the Defendant laid off all the clothes of the victim who was drunkly imprisoned, and inserted his sexual organ into the resistance of the victim, thereby committing similar rape.

2. Determination

A. The summary of the Defendant’s and his defense counsel’s assertion did not constitute an act of inserting his sexual organ into the text of the victimized person’s resistance.

B. Judgment 1 on the Defendant and the defense counsel’s assertion 1) The summary of the instant facts charged was inserted in the victim’s resistance where the Defendant had a sexual organ.

“Along with relatively objective evidence, such as the victim of sexual assault, the statement of genetic emotions, and the reply of fact to the head of the government-specific hospital of the Silver University of this Court, the victim’s resistance immediately after the instant case discovered or discovered foreign substances, including the Defendant’s sperm, in the victim’s resistance.

There is no evidence to see at all (the time of the occurrence of the instant case is around 06:30 on July 12, 2015, and the police officer called out after receiving the Defendant’s 112 report after seeking the Defendant from the Defendant and the victim to the police station on the same day is around 07:00 on the same day, and the time when the victimized person undergoes a physical examination as a sexual assault victim at the relevant agency is viewed as around 09:0 on the same day). 2) Direct evidence that conforms to the facts charged in the instant case, the following victim’s statement is finite.

① The victim was dispatched to the police officer at the time of the instant case, and the Defendant and the victim were able to live in her body while leaving the eye in the inn part, and the victim was the victim.