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The defendant shall be innocent.
Reasons
The summary of the facts charged is the defendant who had been aware of the victim for about five years before the date of the charge.
On May 5, 2017, between 08:30 and 09:00 on the same day, the Defendant: (a) in the residence of the victim E located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, the Defendant: (b) had the victim under the influence of alcohol, and had the victim feel hyp while moving to the toilet floor with her arms; (c) had the victim hump, she was placed on the bed; and (d) tried to have sexual intercourse with the victim by raising the victim’s hump with both hand while she was discharged from the Defendant’s shoulder while she was discharged from the bed; and (d) had the victim tried to have sexual intercourse with the victim at the time when she got off the victim’s hump; (b) had the victim’s hump, and (e) had the victim humped with her panty, and then the Defendant did not have attempted to commit so.
Defendant
The gist of the defense counsel's assertion was examined by the defendant, upon receiving a request from the injured person to help him/her, on the part of the injured person's residence, and on the part of the injured person, whether the injured person was lying on the room and on the part of the injured person. The injured person was unable to identify the accused. The accused continued his/her desire to commit suicide in the process of contact with his/her male-child, and the accused was aware that he/she was in his/her cell phone, knife, knife, and knife, etc. in the toilet and went out of his/her residence. There was no act of attempting to commit sexual intercourse or sexually having sexual meaning by escaping him/her from his/her cell phone, knife, knife, and knife in the toilet, or by assault or intimidation against the injured person.
Judgment
In order to establish the crime of rape, intimidation of the perpetrator must be sufficient to make it impossible or considerably difficult to resist the victim, and the intimidation shall be the victim.