2018Ma176 Quasi-rape

A

Woryoung (prosecutions, public trials), Kim Jong-il (public trials)

Law Firm B

Attorney C, D

May 24, 2018

The defendant shall be innocent.

The summary of the judgment of innocence against the accused shall be published.

1. Facts charged;

At around 09:00 on July 8, 2017, the Defendant exceeded the victim’s reputation by taking advantage of the fact that the victim took off and lockedly, and continuously inserted his sexual organ into the part of the victim’s sound, and continuously inserted his sexual organ into the part of the victim’s sound, by inserting the victim’s reputation in the house of the victim F (n, 18 years of age) located in Gwanak-gu, Seoul Special Metropolitan City.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the state of mental or physical disability or impossibility.

2. Determination

A. Summary of the defendant and his defense counsel

It is true that the defendant and the victim have sexual intercourse at the time. However, the defendant did not have sexual intercourse by taking advantage of the fact that the victim was locked, and only has sexual intercourse naturally formed under the agreement.

B. Determination

The sole evidence submitted by the prosecutor alone is insufficient to view that the defendant has sexual intercourse with the victim by taking advantage of the state of mental or physical disability or impossibility to resist as stated in the facts charged to the extent that there is no reasonable doubt.

(c) Results of the jury verdict (seven jurors);

- Not guilty: 7 persons (per day):

3. Conclusion

The facts charged of this case constitute a case where there is no proof of crime, and thus, is pronounced not guilty under the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment is publicly announced under Article 58(2) of the Criminal Act. For this reason, this case is decided as ordered through a participatory trial

The presiding judge and the deputy judge;

Regular Category of Judges

For judges the last place: