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(영문) 청주지방법원 충주지원 2013.12.26 2013고합36
강간등
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of the facts charged

A. On April 22, 2013, the Defendant: (a) called “E” in front of the “E” located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si; (b) stated, “The Defendant would leave the vehicle to an intersection”; (c) followed the Defendant’s G X-ray car that the Defendant driven.”

However, the Defendant driven a motor vehicle with its direction changed, and even though the victim demanded to get off, the Defendant continued to drive the motor vehicle and prevented the victim from getting out of the motor vehicle, on the same day, around 21:20 on the same day, and detained the victim by putting about 5 km away from the “I” telecom parking lot located in H at the Chungcheong City.

B. At around 21:30 on the same day, the Defendant: (a) led the victim in a manner that forced the said victim to enter the said “I” room 602; (b) led the victim’s face one time at hand with hand; (c) led the victim’s two arms; and (d) led the victim to restrain the victim’s resistance in a manner that prevents the victim from staying in office by taking the victim’s two arms by hand; (b) forced the victim to be under the influence of being drunk; and (c) took off the victim’s clothes, and sexual intercourse with the victim once.

2. Determination

A. From the police to this court consistently, the defendant has a sexual intercourse with the complainant, and there is no means to use violence or intimidation, and instead, the defendant denies all the facts charged in this case by denying the defendant for the purpose of returning the defendant's lending KRW 2 million to the defendant. In full view of each of the following circumstances known by each evidence duly adopted and investigated by the court, it is difficult to believe that the police's protocol against the witness F, the prosecutor's office and police's protocol against F, the defendant's written statement against F, the defendant's written statement against the prosecutor and police's office and police's statement to the effect that the defendant committed rape after having detained the complainant, and the defendant forced the complainant to take the above X-ray vehicle amount, and it is difficult to believe that the police's written statement against the J-J that the defendant was carrying the complainant on the above X-ray vehicle amount.

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