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(영문) 인천지방법원 2018.10.26 2018고합482

강간미수

Text

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

Reasons

1. On January 12, 2018, the Defendant, at the home of B, the Defendant’s seat around 22:00, drinks together with the victim C (inns, 21 years of age) and the victim’s male-child body.

After that, the defendant tried to return home under the influence of alcohol to the defendant's dwelling building D in Kimpo-si and the defendant's dwelling in E.

At around 01:00 on January 13, 2018, the Defendant: (a) was placed on the part of the victim’s residence, and (b) was forced to be off the victim’s name and under the influence of the victim, and (c) was unable to commit an attempted crime, even though the victim, who fladdddd with the mental health, refused to fly and complete the victim’s resistance, was forced by suppressing the victim’s resistance; and (d) flading the finger into the brue, she was forced to have sexual intercourse with the victim, but the victim continued to have sexual intercourse with the victim, but the Defendant did not commit an attempted crime.

2. The defendant and his defense counsel have consented to the victim

In mind, the victim has naturally attempted sexual intercourse, but there was no violence or intimidation against the victim to suppress the victim's resistance in the course of attempting the victim's sexual intercourse, and there was no intention to commit rape.

3. Results of the jury's verdict - Seven persons (at will).

4. If so, the evidence submitted by the prosecutor alone that the defendant rapes the victim through assault or intimidation.

The facts charged in this case against the defendant constitute a case where there is no proof of a crime, and thus, the defendant is acquitted in accordance with the latter part of Article 325 of the Criminal Procedure Act, and the summary of this decision should be published in accordance with Article 58(2) of the Criminal Act.