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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. On July 6, 2014, at around 05:00, the Defendant: (a) was raped by having the victim E (here, 16 years of age) off the victim’s clothes by taking advantage of the fact that the victim E (here, 16 years of age) was under the influence of alcohol and was unable to resist due to sleep; and (b) having sexual intercourse twice with the victim.
2. The gist of the Defendant and the defense counsel’s assertion was with the consent of the victim, and the victim did not have the state of mental or physical disability or inability to resist at the time of the instant sex relationship.
3. Determination
A. In light of the fact that the victim was divingd while under the influence of alcohol at the investigative agency at the time of the instant case, and the Defendant stated to the effect that the Defendant was unable to make a statement to the effect that he was unable to make a speech, even though he was able to see during the middle snow at the time of having sexual intercourse two times, the Defendant did not have a mind to the extent that he could not make a speech, and that he did not have any force, and that the victim was the Defendant’s test that the Defendant was friendly F on the day of the instant case, it is doubtful that the Defendant did not have sexual intercourse with the victim who was in a state of her ability to resist due
B. However, in full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, it is difficult to view that the victim’s statement, etc. was in a state of mental disorder or inability to resist at the time of the instant case, and the Defendant was aware of the victim’s status and had the intent to engage in sexual intercourse with the victim, without any reasonable doubt, and there is no other evidence to prove otherwise.
1. On July 5, 2014, the day preceding the instant case, the victim she met with the same high school-friendly worker F in singing and singing in a singing room. On July 6, 2014, the victim she went to the plaza near Seo-gu, Seogdong, Seo-gu, Daejeon, Daejeon, on July 6, 2014. At that place, the victim her pro-Japanese became the Defendant-friendly G.
Defendant
Escambling.