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(영문) 광주지방법원 2015.02.04 2014고합426
강간
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 17, 2014, between 05:30 to 06:30 on May 17, 2014, the Defendant, who is the Defendant’s residence, carried out kids by the side of the victim D (hereinafter “victim,” hereinafter) and attempted to talk with her chest, and the victim “mad.” Even though she prevented the Defendant’s grandchildren and resisted against the Defendant, she exceeded the victim’s clothes by taking the shoulder of the other victim’s her body and suppressing her grandchildren, and raped the victim by having sexual intercourse once.

Summary of Evidence

1. Any statement made by the defendant in a part appropriate for such statement in this Act;

1. A statement made by the witness D in compliance with this Act in this court;

1. Any text message drawn up by the victim and the defendant, which is appropriate for such text message;

1. The assertion of the voice accused and the defense counsel suitable for such assertion, among voice file type files files, and the judgment of this court;

1. 주장의 요지 피해자는 묵시적으로 피고인과의 성관계에 동의하였고, 설령 그렇지 않더라도 피고인은 피해자가 튕기는 것일 뿐 거부하지 아니하였다고 생각하였으므로 강간의 범의가 없다.

2. Determination

A. According to the evidence duly adopted and examined by this court, the following facts can be acknowledged.

(1) The victim drank together with E, while playing together with E. The Defendant, F, etc., who was born on May 16, 2014, drank together with E’s friendship G for the first time, and H.

(2) The above behaviors calculated the drinking value by walking 30,000 won for each of them, and the victim did not keep the money during the period of the movement up to the shortage of money to G.

Ha was about to go back to the original house by the victim, Ha was her body under the influence of alcohol, G was her body in the house, and she was her body, and she was her body in the defendant's house, " she is the victim, the defendant, the F, and G are her body in the defendant's house, and the defendant's room around 05:00.

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