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(영문) 부산지방법원 2018.10.05 2018고합62
강간치상
Text

The defendant shall be innocent.

Reasons

On March 3, 2017, the defendant, who had been aware of the facts charged, made the victim B (the age of 54) (the age of 54) who had been aware of his identity as a guest, lose the spirit of drinking drugs, and had the victim talked with the philosophical view operated by the defendant on March 3, 2017.

On March 3, 2017, the Defendant: (a) around 11:30 on March 3, 2017, placed in the “Dphilosophical Center” operated by the Defendant in the Dong-gu Busan Metropolitan City (Dphilosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosoloso

Accordingly, the defendant raped the victim by assault and caused the injury to the victim.

Judgment

The key facts charged in the instant case are that the Defendant, in philosolosolosolosolosolosolosolosolosolosolosolosolo was unable to resist the victim and raped the victim to suffer bodily injury.

The crime of rape is established by forcing the victim to commit violence or intimidation to the extent that the perpetrator makes it impossible or considerably difficult to resist the victim to commit the crime of rape. In order to find the defendant guilty of the above charges, the fact that the defendant caused the victim to breathly breath to resist the victim and make it impossible to resist the victim’s resistance should be proved first to the extent that there is no reasonable doubt.

Facts of recognition

According to the records, the following facts are recognized.

A victim B came to know of the Defendant in the philosophical hall operated by the Defendant through the introduction of the mother of 8 to 9 years, and was consulted three times around September 201, and one time around September 2016, and the Defendant.

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