준강간
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. The summary of the facts charged is as follows: (a) the Defendant: (b) around September 11, 2016, 01:18; (c) the victim C (the 16-year-old age) who drinking alcohol and drinking alcohol was 602 “Eel” located in Doo-si; and (d) exceeded the victim’s panty and panty, and then inserted the Defendant’s sexual organ into the part of the victim’s sound.
Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or non-refluence status.
2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court, the evidence alone submitted by the prosecutor was in a state of mental and physical loss or resistance against the victim at the time of sexual intercourse.
The recognition is insufficient, and there is no other evidence to prove it.
① The victim made a statement that “I am under the influence of alcohol after leaving the F, I am sure that I am scherb and panty am out of the F, and that I am scherb and that I am scher scherb are not scherd at all.”
However, the victim does not memory the victim by drinking in F and singing in F.
On September 11, 2016, the Defendant calculated the mixed accommodation charge on the part of the Defendant. On the same day, around 01:18, the Defendant first opened the guest room and the victim appears to have been entering the guest room, and the victim could not face his body under the influence of alcohol; even according to the victim’s mother G statement made with the victim at the time, the victim could not be able to look at the appearance of the victim’s mother G.
In light of the fact that the victim’s speech up to 1st century, there was a mental and physical loss or resistanceable state immediately solely on the ground that the victim was unable to memory the situation at the time of the sex relationship.
It can be readily determined.