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(영문) 광주지방법원 2017.04.28 2016고합482
강간
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On October 29, 2016, the Defendant: (a) around 22:30 on October 29, 2016, at a DNA singing room 9, which is located in Namwon-si C, drinked with the victim E (the victim’s age 35) and alcohol; and (b) was placed on the part of the victim, in a manner that the victim is able to rape; and (c) was placed on the part of the victim’s body.

Therefore, even though the victim was knee and knenee by making the body of the defendant unfolded by hand, the victim's leg was taken by her hand, forced kned by her hand, followed the victim's body by taking the victim's body and panty by hand, and added the defendant's sexual flag into the part of the victim's kne.

Accordingly, the Defendant raped the victim.

2. The defendant and his defense counsel did not have sexual intercourse with the victim.

3. The victim stated in this Court that the victim is clearly different from the criminal who raped the victim, and the victim’s panty dynasty (STR) gene punishment of DNA (DNA) detected in the victim’s panty dynasty dynasty dynasty dynasty, etc. and DNA (DNA) gene type taken from the Defendant’s mouth does not coincide.

Therefore, the defendant raped the victim.

As can not be seen, since the facts charged in this case constitute a case where there is no proof of facts constituting a crime, it is so decided as per Disposition by the assent of all participating Justices on the Criminal Procedure Act to determine not guilty of the defendant and to publish the summary of this decision in accordance with Article 58 (2) of the Criminal Act.

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