(영문) 대구지방법원 2019.06.28 2018고합324

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(영문) 대구지방법원 2019.06.28 2018고합324

아동ㆍ청소년의성보호에관한법률위반(강간)등

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The Defendant’s motion to attach an attachment order against the Defendant is dismissed.

The summary of the judgment against the defendant shall be published.

Reasons

Parts of innocence

1. At around 14:00 on May 26, 2018, the Defendant: (a) informed of the victim B (the victim, the 16-year age), and promised to contact with each other through app, “sing mumping” that is an string of strings.

On May 27, 2018, at around 13:00 on May 27, 2018, the Defendant: (a) met the victim in Daegu Suwon-gu C; (b) opened the victim to the telecom; (c) opened the film or television to the telecom; and (d) went to the telecom near the Defendant’s residence.

At around 13:30 on the same day, the Defendant suggested that the victim drinks a game for drinking alcohol or taking a tension with the victim's source, and made the victim drink a beverage made by mixing the soft with the so-called "dilet game" with the victim in the game, by suggesting that the victim drinks alcoholic beverages in accordance with the penal provisions.

The Defendant: (a) stated that the victim, who is mixed with the spirit of drinking, she was frightened and fast; (b) placed the victim on the side of the Defendant; (c) placed the victim on the victim’s side; (d) her own frightened the victim; and (d) placed his her finger and panty in the victim’s entrance; and (d) placed his body her finger off the victim’s finger and panty with the victim’s walked the victim’s bridge into the victim’s bridge, but (d) tried to put the victim’s legs into the victim’s bridge, with the victim’s sound “ma.” while she took a bath view that the victim’s hand she attempted to be pushed into the victim’s chest, and divided the victim’s hand from the chest to the victim so that the victim might not move, and had sexual intercourse with the victim’s sexual organ inserted into the victim’s sound part after suppressing his resistance.

Accordingly, the defendant raped the victim who is a child or juvenile.

2. The defendant and his defense counsel asserts that they have sexual intercourse with the victim.

3. Determination of facts charged

A. The recognition of criminal facts in the relevant criminal trial of law is to the extent that there is no room for a judge to make a reasonable doubt.

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