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(영문) 광주지방법원 해남지원 2015.05.13 2014고합51
강간치상
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged of this case was around 02:30 on April 5, 2014, the Defendant: (a) tried to engage in sexual intercourse with the victim F (22 years of age, and female) who had drinking together in D’s “EM” from the beginning of the beginning of the beginning of the day preceding the preceding day; (b) sought sexual intercourse with the victim, knowing that he/she would take advantage of his/her body; (c) the victim would go to his/her house; and (d) used the victim’s body in his/her body in his/her bed with the victim’s body; and (d) used the victim’s body in his/her bed with the victim’s body so that he/she could not get out of his/her body; and (d) raped the victim’s resistance, and suffered injury, such as the victim’s treatment days blocking; and (e) during that process, the victim suffered from sexual intercourse with the victim by taking advantage of the victim’s body.

2. Although the Defendant had sexual intercourse with the victim at the time and place stated in the facts charged, there was no assault by the victim, such as booming the victim’s neck, and booming the victim’s body, and there was sexual intercourse under the agreement.

3. Determination

A. Among the major facts charged in the instant case, there are key evidences that correspond to the facts charged in the instant case that the Defendant abused the victim to have sexual intercourse with the victim as described in the facts charged, such as ① the statement of the police officer against the victim to the effect that such assault was committed by the defendant, ② the statement of the victim in the third police interrogation protocol against the defendant, ② the victim’s legal statement, ② the investigation report attached to the victim’s photograph of the victim’s body, ③ the victim’s photograph of the victim’s body, ③ the investigation report (related to the victim’s opinion and the wife’s body), ④ the investigation report attached with the victim’s body photograph taken by the police after receiving the report of the instant case, and ④ the on-site identification report attached with the victim’s internal photograph taken by the police.

B. Whether the victim's statement is reliable

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