beta
Text
The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
On February 14, 2018, the Defendant: (a) had the victim D (the name of the victim, the age of 45) first met with the drinking, and had the victim her mind to rape according to the victim who left the drinking place for returning home on the same day, around 08:50 on the same day; (b) on February 14, 2018, the Defendant:
Around that time, the Defendant, who became aware of the fact that the Defendant had been at the latest following the victim’s death prior to the victim’s joint signature prior to the victim’s residence, went into the victim’s house by using the fact that the Defendant had been at the latest, “a car and Ga.” The Defendant used the victim’s house to enter the victim’s house, and then forced the victim who was seated at the victim’s bed, forced the victim’s bed off, forced the back, off the back, and panty off one time, and continued to have sexual intercourse with the victim’s bar and panty, followed the victim’s 10 minutes later by force, and had sexual intercourse once.
Judgment
1. The gist of the defendant's assertion has no means of assault or intimidation to the extent that the defendant is unable to resist the victim, or that he is considerably difficult to resist.
While the defendant's sexual intercourses according to the victim's inducement or agreement with the victim, the defendant thought that the victim's sexual intercourses '5 million won or more' and 'five million won or more', he immediately ceased sexual intercourses and left the house of the victim.
2. Determination
A. The fact that both the Defendant and the victim have sexual intercourse in their residence is recognized.
Therefore, in order to establish the crime of rape, it should be proved by evidence with sufficient probative value to the extent that the Defendant had sexual intercourse with the victim “a assault to the extent that it is significantly difficult to resist or resist”.
B. Direct evidence corresponding to the facts charged in the instant case is only a statement made by the victim in this court and the investigative agency.
However, it is based on the evidence duly adopted and examined by this court.