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(영문) 대구지방법원 2019.02.15 2018고합478

준강간

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On April 30, 2018, from around 23:30 to May 02:0, 1, 2018, the Defendant, while playing together with the Defendant’s friendship, the victim C (the 19-year old age), and the victim’s friendship, drinks the Defendant’s drinking together with the Defendant’s friendship on the number not available on the Defendant’s driving license, and drinks the Defendant’s drinking by drinking together with “E” in Busan Metropolitan City D.

After that, at around 04:00 on the same day, the Defendant sent the Defendant’s friendship at the foregoing alcohol house and sent the Defendant’s friendship to the “Felel in Yongcheon-si”, and had sexual intercourse once with the victim, who was under the influence of alcohol in the above Maur G, by drinking in the above Maur G.

2. The summary of the defendant's and his defense counsel's assertion is merely a sex relationship under the agreement with the victim, and the victim did not have the state of difficulty to resist because the victim was drunk at the time.

3. First of all, according to the evidence duly adopted and examined by this court, the victim 1 was memory from the investigative agency to the time when the victim she she she she she she drinks and she she she she with the defendant's friendship with the defendant's and his/her friendship, and was mixed with the spirit in the telecom.

“The fact that the victim has consistently made a statement to the purport that it is generally, ② the victim seems to have been drinking a considerable amount of alcohol at the time of the instant case, ③ the Defendant appears to have attempted to conceal the fact that he had sexual intercourse with the victim first at the time of telephone conversations with the victim, such as she had no sexual intercourse with the victim at the time of talking with the victim (as stated in the investigation record No. 37), ④ Even if based on the Defendant’s statement, the victim continued to have sexual intercourse with the her mother and did not cause any shock (as stated in the investigation record, No. 56, 57 pages), and the victim was the victim.