강간미수
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The summary of the facts charged in the instant case and the victim D (the age of 75) are adjoining neighbors living in the same village, and the Defendant was aware that the victim was living together in the victim’s house.
At around 19:00 on August 16, 2014, the Defendant found drinking in the body of the victim in C, who requested the victim to drink alcohol, francing cans and talks with the victim, and divided into the victim’s talks. The victim saw that the victim “I am sing, Sing, Sing, Sing, Sing, Sing, Sing, Sing, Sing, Sing, Sing, Sing, Sing, Sing, Sing, Sing, Sing, Sing, Sing, Sing, Sing, Sing, Sing, Sing, Sing, Sing, Sing, Sing, Sing, Sing, Sing, I would be able to receive much morality at one week. I am going back to the following by the victim, etc., who saw the part of the victim, and kiding the victim into the body of the victim, and tried to commit rape in the body of the victim.
2. The defendant and his defense counsel's assertion that the defendant found the victim's house at the time stated in the facts charged, and carried the victim's shoulder, sparing the victim's shoulder, and drinking the victim's shoulder, and do not want to rape the victim as stated in the facts charged.
3. Determination
A. To establish the relevant legal doctrine, assault and threat of the perpetrator must be such as to make it impossible or considerably difficult to resist the victim, and whether the assault and threat was made to make it impossible or considerably difficult to resist the victim’s resistance should be determined by comprehensively taking into account all the circumstances, including the content and degree of the assault and threat, the circumstances leading up to exercising force, the relationship with the victim, the circumstances at the time of sexual intercourse, and the subsequent circumstances.
(See Supreme Court Decision 2004Do2611 Decided 25, 2004).