준강간
The defendant shall be innocent.
1. The Defendant, in the facts charged, had sexual intercourse with the victim B (V, 26 years of age) on December 27, 2017, within the guest room of C hotel D of Jeju on December 27, 2017, at around 05:00, the Defendant completed a meeting of the preceding day and carried the victim who fladdd with the Defendant into the above hotel, and added the sexual organ into the sound part of the victim who was under the influence of alcohol and was unable to resist with the victim, thereby having sexual intercourse with the victim by using the victim’s state of refusal to resist.
2. As to the Defendant’s assertion, the Defendant: (a) had sexual intercourse with the victim as stated in the facts charged after drinking with the victim of the preceding year; and (b) had sexual intercourses with the victim again at the time when he was temporarily set as stated in the facts charged, which occurred after diving; (c) however, at the time, the victim was not under the influence of alcohol and had sexual intercourses under the agreement with the victim.
3. Determination
A. Each statement of the police statement of the witness B, each statement of the police statement of the witness B, each investigation report of the investigation [Preparation of a record of the conversations between the suspect and the victim-friendly statement / Preparation of a record of the recording of the recording of the conversations with the suspect / Hearing of the victim's telephone], each statement of each appraisal request report, and the following circumstances that can be recognized by the images of CCTV video storage CDs, i.e., ① after the victim's inquiry from the investigative agency to the court in this court, the defendant and the two defendants were sent to the police station for the time when the defendant and the two defendants were sent to the police station for a dispute in the next table of 500 cc of the 500 cc c of the job, and thereafter, they were found that they walk in the middle of the police station.
Since the spirit of the last, he was in the state of her body, he was in the state of her body, and the defendant was trying to insert her chest as soon as her chest while enjoying it above.
(b) it;