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(영문) 대구지방법원 의성지원 2017.12.05 2017고합1

강간

Text

The defendant shall be innocent.

Reasons

1. Around January 5, 2017, the Defendant became aware of the victim D (the age of 22) by using a cellphone group or reading room around January 5, 201.

At the time, Defendant, victim, E, F, G, etc. were in dialogueed in a hosting hall, and the Defendant’s following seals:

1. 6. E was committed directly with the victim, etc. at E’s home.

Defendant pursuant to the above commitments

1. 6. 20:30 At around 20:30, E’s house in the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the 23:0, E of the 23:00 the G of the G of the fla

1. 7. 01:00 around G and F entered a small room, and the victim got out of the room after scambling, and the victim got out of the room. Then, the Defendant got out of the room.

Defendant

1. 7. Around 05:30, a new wall was 05:30, to prevent the victim from being shouldered by a shoulder or with the victim's inner wall, and to protect the victim's sexual organ by inserting hand into the victim's panty panty, and "When Ne becomes aware of the cooperation here and sound, I will throw away this, and you will see E will be drinking," and followed by intimidation of the victim, "the victim will be frighted to be frighted by the storm, and fright to be inside it," and followed by leaving the victim as a small room with the victim's invasion.

After considering the victim's small room, the defendant forced another victim who is on the part of the victim to do so, and sexual intercourse with the victim's sexual organ inserted his or her sexual organ into the victim's sexual organ, "I do not refuse, propose, or demand him or her to do so, but forced him or her to leave the victim's fright and panty at the same time, prevent him or her from suffering from his or her hands, and restrains the victim's resistance.

Accordingly, the Defendant raped the victim.

2. The gist of the Defendant’s assertion is that the Defendant and his/her defense counsel have sexual intercourse with the victim, but it does not constitute a forced sexual intercourse by committing assault and intimidation against the victim.

3. Determination

(a) this Court has duly adopted it;