(영문) 제주지방법원 2018.11.15 2018고합26

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(영문) 제주지방법원 2018.11.15 2018고합26

성폭력범죄의처벌등에관한특례법위반(특수강간)

Text

Defendants are not guilty.

Reasons

1. Facts charged;

A. Defendant A, at around 23:00 on the first and second floor of September 2014, with D and the victim E (at around 26 years of age, Defendant A, at his own house located in C and 2, performed drinking together with D and the victim E (at around 26 years of age), was put in the game to know the victim's body, and Defendant A and D continued to build the victim's body in the game. After Defendant A and D continued to put the victim into the game to know the victim's body, Defendant A and D had the victim know the victim's body; Defendant A and D left the cell, prevented the victim from going into the body, putting the victim's sexual organ into the part of the victim's body, putting the victim's sexual organ into the part of the victim's body, putting the victim into the part of the victim's body again, putting the victim into the part of the victim's body and prevent the victim from entering the victim's body and sexual intercourse into the part of the victim's body.

B. Defendant B, as described in the above A at around 03:00 on September 2014, Defendant B, as of September 1, 2014, followed the victim who was raped by Defendant A and D, and who was in his house at around 03:0,00, followed by the victim who was raped by Defendant B and D.

While driving the vehicle of the victim, the victim took the house of the defendant B located within the F Building G in Jeju City, and putting the victim on the house, putting the arms of the victim of the victim himself on the house, getting off the victim's body, getting off the victim's body, getting off the victim's knife, getting off the victim's knife and resistance the victim's knife, leaving the victim's knife off the victim's knife, and committing sexual intercourse once by inserting the sexual organ into the part of the victim's body.

2. As to the Defendants’ assertion, the Defendants asserted that they only drink with the victim at the Defendant’s house after January 2015, and they did not commit rape at the time and place specified in each of the pertinent facts charged.

3. Determination

(a)each legal statement of witness E and H, each police or prosecution against them;

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