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The defendant shall be innocent.
Reasons
1. The summary of the facts charged in the instant case is that the Defendant was a fluor of the trade name “D” in Yong-Namnam Cancer, and the victim E (the age of 39) was aware of by attempting to perform an act as a business owner of the said “D”.
On August 1, 2013, the Defendant: (a) while drinking alcohol together with the victim in the dwelling space of the victim in the F apartment of the F apartment in Yongnamnam-gun, Yongnam-gun, the Defendant: (b) carried the drinking together with the victim; (c) entered a small room under the influence of alcohol; (d) on August 2, 2013, the victim went to a small room on the part of the victim; (e) around 00:20 on August 2, 2013, the Defendant got out of the said room where the victim tried to talk with the victim; and (e) reported the suicide of the victim, which was revealed between Trts and the kis.
Accordingly, the Defendant: (a) laid his hand into the victim’s tyrts and brops; (b) laid his chest into the victim’s tyrts and brops; and (c) the victim took the Defendant’s hand from the lock to the Defendant’s hand, and (d) took the Defendant’s hand from the lock to the victim’s hand, but the victim’s hand did not neglect it; (b) laid off the victim’s Cheongbow, and (c) tried to keep the Defendant out of the panty; and (d) the victim did not come out of the wind to the lower part of the victim’s panty while stating that “the panty ought to be set up now.”
Accordingly, the defendant tried to rape the victim, but did not commit it but did not commit an attempted crime.
2. Determination
A. In order to establish the crime of rape, it is necessary not only to simply exercise force but also to have assault and threat to the extent that it is impossible or considerably difficult to resist, and it can be recognized that the crime of rape commenced only when such assault and threat were committed.
In addition, the issue of whether the threat and threat was impossible or considerably difficult to resist the victim is the content and degree of the threat and threat.