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(영문) 울산지방법원 2012.12.07 2012고합278
준강간
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is that the Defendant, at around 03:00 on June 11, 2012, went together with the victim D (n, 18 years old) who was under the age of 24 years and was under the influence of drinking. While the Defendant was under the influence of drinking, the Defendant was omitted in the indictment at around 06:54, while the Defendant was under the influence of drinking with the body of the victim and she was under the influence of drinking with the clothes. However, according to the record of inquiry into the credit card use records compiled in the trial record, the Defendant paid food payment at around 06:54 at the place of the above “C,” and the view between the Defendant and the victim appears to be after the point of view, such addition is made as above.

At the EMoel 302 room in the place of the victim, the victim was laid off, her clothes and clothes of the victim was laid off at that place, and sexual intercourse was committed once.

Accordingly, the defendant raped the victim by taking advantage of the state of mental disorder of the victim.

2. The defendant and his defense counsel asserted that the defendant and his defense counsel did not have a mental disorder at the time of the instant case, and that the victim did not have a sexual intercourse with the victim, and that even if a sexual intercourse was made with the victim, the crime of quasi-rape was not established, since they had a sexual intercourse with the victim with the consent of the victim.

3. Determination

A. In full view of the following: (a) whether the victim was unable to resist or refuse to resist; (b) whether the victim D’s investigative agency and the victim’s testimony in this court; (c) the victim’s statement in this court; and (d) CCTV data in EM at the time of the victim’s friendship; and (d) when the victim took part in both states 1 and 1 to 2 disease at the time of the instant case; and (c) the victim took part in the Defendant’s body and went into the Defendant’s room without properly overcoming the body, the victim was in a state of mental disorder at the time of the instant case; and (d) the Defendant was in a state of the victim’s mental disorder.

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