(영문) 창원지방법원 마산지원 2017.05.26 2016고합45

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Reasons

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줄 간격

자간(%)

(영문) 창원지방법원 마산지원 2017.05.26 2016고합45

강간치상

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant is a relationship between the victim C (n, 21 years of age) and the same company from May 2015 and the Defendant was working for the same company from around June 11, 2015.

On June 13, 2015, the Defendant completed night duty on June 13, 2015, and completed night duty with the victim, but, on the other hand, performed drinking at the convenience store as a drinking period from the telecom, since there was no door, and the Defendant did so at around 05:50 on the same day, and drank together with the victim.

At around 07:30 on June 13, 2015, the Defendant: (a) was off from the victim’s panty and panty spanty, and was in her body while she was off from the victim’s body while she was in her body, the Defendant was trying to insert the Defendant’s sexual organ into the part of the victim’s her body, and (b) was her body, the victim “not she would do so, she would not do so, she would not do so,” and (c) her body was tightly tightly her body by putting the Defendant’s shoulder into the head of the victim’s body, thereby preventing the victim from resisting the victim; (d) the Defendant’s sexual organ is inserted into the part of the victim’s body; and (e) the victim is too free.

The Defendant, after deducting the Defendant’s sexual organ, put the fingers into the part of the victim’s sound, prevented the victim from resisting the victim’s sexual organ with the victim’s sound and the Defendant’s sexual organ by inserting the victim’s sexual organ into the part of the victim’s sound, and thereby, was raped by inserting the victim’s sexual organ into the part of the victim’s sound, and thereby, the victim suffered injury to “the heat and blood transfusion of about 30 meters after the entrance of the hostage,” in the number of days of treatment.

2. The defendant asserts that the defendant's assertion has consistently been sexual intercourses from investigative agencies to this court under the agreement with the victim, and that there is no fact of rape by assault or intimidation to the extent that it makes it impossible to resist or substantially difficult to resist the victim.

3. On the facts charged in a criminal trial of the relevant legal principles.

유사 판례

-부산고등법원 (창원) 2017.08.30 2017노156

-부산지방법원 2017.09.08 2017고합232

-광주지방법원 2017.02.10 2016고합449

-창원지방법원 통영지원 2013.01.10 2012고합98

-인천지방법원 2015.07.03 2015고합76