beta
(영문) 광주지방법원 2019.05.17 2018고합475

강간

Text

The defendant is innocent.

Reasons

1. The summary of the facts charged is that the Defendant, who operates a verbal message in the vicinity of C in Young-gun, Young-gun, Jeonnam, was aware of the victim D (the age of 62) by verbal repairs in around 2016. The Defendant contacted the victim with his intent to repair her house while living together.

Around May 5, 2018, the Defendant met the victim who was found orally at a long time. Around May 7, 2018, the Defendant suggested that the victim, who was found orally, performed the alcohol together with the victim, and that the victim, who was found orally at his/her home, went home from May 8, 2018 to 01:00, and then the victim was her own house and returned home.

As above, the Defendant did not work orally on the day of drinking, and the victim did not contact with the Defendant, thereby making a visit to the Defendant’s house on May 8, 2018 at the same time. The victim visited the Defendant’s house on May 17, 2018.

At around 18:30 on the same day, the Defendant: (a) stated that the Defendant is the victim’s speech, and entered the inner part of the victim; (b) made the victim enter the inner part of the bed, and (c) the Defendant was heated and heated on the floor under the direction of the bedive direction; and (d) the victim was able to sit down immediately in the direction of the bedle.

The Defendant: (a) brought the two parts of the victim’s sprinked in the bed from the bed to the bed; (b) brought the victim into the bed of the floor, left the bed to the bed; and (c) left the bed down at the same time, left the rubber of the victim; and (d) when the victim left the bed down the bed down of the victim’s panty with no location at the time, she did not come back the body of the victim’s panty, and had sexual intercourse by inserting the Defendant’s sexual organ into one time by inserting the part of the victim’s sound.

Accordingly, the Defendant raped the victim.

2. Determination

A. Admissibility of evidence