강간
The defendant shall be innocent.
Around 10:00 on December 13, 2012, the summary of the facts charged was against the Defendant: (a) drinking alcohol as stated in the victim D (Inn, 21 years of age) of Yeonsu-gu Incheon Metropolitan City 306; (b) drinking alcohol; (c) drinking the victim for rape; (d) exempted the victim’s clothes; and (e) exempted the victim from the victim’s clothes; and (e) drinking the victim’s chest and knb; and (e) taking the Defendant’s chest and knb with his finger; and (e) taking the Defendant’s chest and knb with his finger, he saw the victim’s body by taking advantage of the Defendant’s hand and body so as to prevent the victim from resisting, and rape the victim by having sexual intercourse with the victim once.
Judgment on arguments and issues
1. Defendant’s assertion and the issues of this case
A. Although the Defendant alleged that he had a sexual intercourse with the victim one time at the victim’s home around December 13, 2012, the Defendant did not have been raped by assault and threat as stated in the facts charged, such as assault and threat.
At the time, the Defendant, along with the victim’s house, drinked food and drink, discovered that the victim was able to enjoy in the victim’s beds, and began her duty naturally. The victim did not make any resistance against this, and rather, did not have sexual intercourse with the victim, such as paying a new fry, it was merely sexual intercourse in the withdrawal period.
B. According to the issues of the instant case, whether the Defendant and the victim’s sexual relationship were forced by suppressing the victim’s resistance, such as the facts charged.
2. Judgment on the issue
A. We first examine the credibility of the victim's statement since the victim's statement was made as direct evidence submitted by the prosecutor for the proof of the above part of the issue.
1 According to the evidence duly examined in this Court, the following circumstances can be acknowledged.
(1) The victim shall first be the victim in relation to the situation at the time of gender relationship.