강간
The defendant is innocent. The summary of this judgment shall be notified publicly.
On September 17, 2017, the Defendant proposed that the “E” club located on the level D, Busan, and the 8th floor of Busan, would drink with the victim F (the 19-year age), who first served together with drinking, called “G nearby the G,” and moved the victim to the “G located in the Hagu, Busan, and led the victim to the “Jel” located in the Hagu, Busan.
피고인은 같은 날 03:00 경 이 ‘J 모텔’ 309 호실에서 피해자의 옷을 벗기려 하였다가 피해자가 이에 반항하며 손으로 옷을 잡고 버티자 양손으로 피해자의 손을 뿌리치면서 옷을 전부 벗기고 강제로 피해자의 다리를 벌려 피해자의 반항을 억압한 후 피해자의 음부에 피고인의 성기를 삽입하고, 화장실을 다녀온 후 재차 피해자의 음부에 성기를 삽입하려 하였으나 피해자가 상체를 일으키며 피고인에게 “ 안한다고, 씹할 새끼야 ”라고 소리치자 발로 피해자의 명치 부위를 걷어찼다.
Accordingly, the Defendant raped the victim.
Judgment
1. The Defendant asserted that he had sexual intercourse with the victim at the time and place stated in the above facts charged, but was naturally sexual intercourse with the victim under mutual consent, and the Defendant did not have sexual intercourse by intimidation to make it impossible or considerably difficult for him to oppose the victim.
While the Defendant, during the course of sexual intercourse, demanded the suspension of a sexual intercourse and discontinued the sexual relationship with the victim, there was a fact that the victim gave birth to the victim's reputation while doing a dispute with the victim, this does not constitute assault, which is a means of rape, after the sexual relationship has already been completed.
2. The police statements of the victimized person (a video recording and statement recording) and the victim’s upper part of the victim’s body, the contents of the K message given and received by the Defendant and the victim after the instant case, and the victim’s pro-Japanese arrest.