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(영문) 창원지방법원 2012.10.11 2012고합90
강간미수
Text

The defendant shall be innocent.

Reasons

The Defendant, at around 02:00 on November 17, 201, tried to engage in a "Fju" where the Defendant was on the third floor underground of the Ma hotel building located in Sungwon-si, Sungwon-si, Sungwon-si, and to engage in his business and discover that the said employee G (the age of 25) was in a sobane while he was under the influence of alcohol while he was in a waiting room, he would be able to rape the victim, and he was off the victim's clothes. The victim was flick, "Isson, Isson.," and "Isson., Isson." The Defendant flicked the victim's son with his hand and did not resist the victim's body with the Defendant's body, and tried to have sexual intercourse with him, but the victim was off from the Defendant's attempt to do so by doing so. However, the victim's flickly, I would like to do so, "Isn't have to do so."

Judgment

1. The Defendant asserted that there was no attempt from an investigative agency to have sexual intercourse against the victim’s will against the victim, and rather, that the victim was sexual intercourse with the victim, and denied the facts charged in the instant case.

2. In this case where there is no witness, the victim's statement in the investigative agency and this court is the only direct evidence concerning the facts charged, and each of the victim's statements is difficult to believe in light of the following circumstances.

At the time of the first police investigation regarding the defendant's act, the victim stated to the effect that "the defendant was out of the victim's clothes, and the victim was her body because he was her, and the defendant was her body, and her chestd and her chestd, etc." at the time of the first police investigation as to the defendant's act.

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