logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2015.08.19 2014고합460
강간
Text

The defendant shall be innocent.

Reasons

1. On June 2, 2014, the Defendant: (a) around 23:30, the Defendant: (b) committed rape by “E” (hereinafter referred to as “the instant singing room”); (c) on the part of the victim F (the age of 45), who was present in a contact loan, was able to take the hand and shoulder of the victim F (the age of 45), and carried the victim into a liquor warehouse; (d) was placed on the floor of the victim; (c) putting the victim on the part of the victim; (d) putting the spice on the part of the victim; and (d) putting the victim into the spice; and (e)

2. The defendant and his defense counsel's assertion and judgment

A. Although the summary of the argument has a sexual intercourse with the victim at the time and place stated in the facts charged, there is no rape by assaulting or threatening F only when the defendant had sexual intercourse with the victim under an agreement with F.

B. (1) In order to establish the crime of rape, the perpetrator’s assault and intimidation must be such as to make it impossible or considerably difficult to resist the victim. Whether the assault and intimidation was likely to make it impossible or considerably difficult to resist the victim should be determined by comprehensively taking into account all the circumstances, including the content and degree of the assault and intimidation, the developments leading up to the exercise of force, the relationship with the victim, the sexual intercourse, and the following circumstances.

(2) However, according to the records, the following circumstances are acknowledged: (a) evidence that corresponds to the facts charged in the instant case that the Defendant raped F, and (b) evidence that corresponds to the facts charged in the instant case; (c) in fact, F is a statement made by an investigative agency and this court. However, according to the records, F’s statement that the Defendant was raped by the Defendant is difficult to believe as it is is.

(A) F consistently came out of the room where the investigative agency and this court consistently agreed with the Defendant, and the Defendant tried to enter the room again. The Defendant was unable to enter the room, and the Defendant forced another room of the singing room to enter the warehouse, and led F to the warehouse at that place.

arrow