beta
Text
The defendant shall be innocent.
Reasons
1. Summary of the facts charged
A. The Defendant had previously been in a relationship with the victim B (man, name, 19 years of age) and, around 04:0 on March 28, 2018, tried to make a sexual intercourse with one another after drinking alcohol together at the victim’s residence located in the Busan East-gu, Busan-gu, and then with mutual consent, and the Defendant was able to enter the victim’s sexual organ into the victim’s sexual organ after inserting alcohol at around 04:00 on March 28, 2018. The Defendant was her own “one who has been accumulated during that period.” The Defendant was her own, “the victim was Ma.........” The victim’s face, chest, and her knick with both hands when refusing to engage in a sexual intercourse, but continued to force the victim’s hair by inserting his/her hair and her hair from leaving the victim’s hair to the head, and then she abused the victim’s sexual organ into the part of the victim.
B. At around 13:00 on March 28, 2018, the Defendant: (a) inserted the Defendant’s sexual organ into the part of the victim’s sexual organ, where the victim expressed his intention to refuse to see that she would not drink because of the said assault, even though she was locked after rape, and tried to again engage in a sexual intercourse.
2. Determination
A. Rape refers to the act of sexual intercourse after making it impossible or considerably difficult to resist the other party by means of assault and threat. As such, assault and intimidation are not necessarily prior to the act of sexual intercourse, however, there is a causal relationship between assault and intimidation.
(See Supreme Court Decision 2016Do16948, 2016Do156, Oct. 12, 2017, etc.). Also, subjective elements for the establishment of the crime of rape include intentional intent, namely, the awareness and intent of rape by assault or threat, and intent is sufficiently sufficient. However, the perpetrator’s intent is insufficient after commencement of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the crime.