logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.10.21 2016고합133
준강간
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the military personnel belonging to the United States Camp Capital Group D company.

The Defendant became aware of the characters given and received through the Victim E (Inn, 23 years of age) who works as an instructor of the English Institute and mobile phone display F for two months.

On January 16, 2016, at around 19:00, the Defendant, at the Defendant’s house located in the G Apartmentdong G apartment 201 Dong 101 Dong, 201, got the victim to drink with alcohol, such as “mastter,” “Damar,” and subsequently, she continued to move the place to the main place in the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the Republic of Korea and d

The Defendant, at around 09:00 on January 17, 2016, placed the victim on his own house and placed the victim on a breath, placed the victim’s clothes in a state where the victim cannot resist by drinking, and placed the victim’s sexual organ into the part of the victim’s sexual organ into one time, with the victim’s sexual organ inserted in the victim’s breath.

2. Summary of the defendant and his defense counsel

A. At the time of the sexual intercourse with the Defendant, the victim was in a clear state of ordinary consciousness and decentralization, and agreed to sexual intercourse or implied consent was given.

B. Even if the victim was in a state of difficulty to resist due to alcohol, the Defendant did not recognize such circumstance and did not have any intent to use the victim’s status.

3. Determination

A. In a criminal trial, the recognition of facts constituting a crime ought to be based on strict evidence with probative value, which makes the judge feel true to the extent that there is no room for reasonable doubt. Therefore, in a case where the prosecutor’s proof does not sufficiently reach the extent that such conviction would lead to such conviction, even if the prosecutor’s assertion or defense is inconsistent or unreasonable, it is inevitable to determine the defendant’s benefit. Meanwhile, the crime of quasi-rape under the Criminal Act is a person who commits quasi-rape.

arrow