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(영문) 수원지방법원 성남지원 2017.10.12 2017고합26
강간치상
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On May 15, 2016, the Defendant: (a) around 02:00, up to the number of 'Ecomel' located in Gangnam-gu Seoul Metropolitan Government, the Defendant used the victim F (n, 30 years of age) first known in the drinking room in the same drinking room through her her furcule, in which she was drunk; (b) taken the cell phone of the victim who seeks to go at the house into the her furcule floor by cutting the victim's cell phone; (c) pushed the victim's head into her furcule; (d) faced the victim's body with the victim's body and her hand who tried to refuse sexual intercourse; and (e) took off the victim's salke and panty with the victim's body and her hand; and (e) came to know how the victim's sex relationship continuously is changed.

He/she is off of clothes.

The victim's sexual intercourse once after suppressing the victim's resistance by threatening the victim's sexual intercourse, and the victim's refusal and resistance when attempting to engage in sexual intercourse again after the suspension of sexual intercourse because it is not well known of sexual intercourse, and the victim mentioned the film of "salute who died by kidnapping women" and referring to the film of "salute who died by kidnapping women".

It is a person who has been satisfling in the Han River.

B. There is no superior who is today dead.

“In the absence of the victim’s sexual relationship, intimidation the victim’s resistance as if he would inflict any harm on the victim’s life or body, and recomponate the victim’s resistance, and rape the victim once again, and thereby, the victim suffered injury, such as cerebral lein, which requires approximately two weeks of treatment.

2. The summary of the Defendant’s assertion of the defense counsel is that the Defendant did not have sexual intercourse with the victim on the day of the instant case but did not cause any injury to the victim by rape.

3. Determination A. Recognition of facts constituting an offense shall be made by a judge in a reasonable manner.

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