(영문) 서울중앙지방법원 2017.4.14. 선고 2016고합1277 판결

On December 2, 2010, the Defendant, through online games, lived together with the victim D (V, 21 years of age) from around December 2, 2015 to living together with the public official's room 105 in Dongjak-gu Seoul Dongjak-gu, Seoul, and frequently disputed on the ordinary day, such as living expenses, etc., if the Defendant scam and scam the scam of the scam in order to give the victim scam and carry out his will. At the time of 20 scam, the Defendant died of the scam and scambling of the body of the scam in order to let the victim scam and scambling the body of the scam. In the future, the Defendant scambling the body of the scam in a local area with the maximum amount until 45 years of age.

1. Special intimidation;

A. At around 07:00 on February 3, 2016, the Defendant, while engaging in a dispute with the victim due to an unforeseen cause, brought the kitchen, which is a dangerous object for the reason that the victim has come in harmony with the victim, and threatened the victim with knife with knife.

B. From July 2016 to August 2016, the Defendant brought the blades with the victim and the Internet game, which are dangerous goods, in the kitchen, and brought the victim with “if the death of the death of the death of the death of the death of the death of the death of the death of the death of the death of the death of the death of the death of the death of the death of the death of the death of the death of the death of the death of the death of the death of the victim, brought about the knife to the end of the knife on the part of the body of the victim, and threatened the other of the knife by dividing it into the knife.

C. On September 3, 2016, the Defendant: (a) around September 3, 2016, 2016, “The victim 105 continues to live, but does not need to do so; (b) the house string or cleaning is within the country; and (c) the Defendant sent a knife with a knife with a knife, which is a dangerous object, and threatened “in the inside.”

D. At around G 19:00, the Defendant demanded the victim to extend knife 105 of the above knife the victim’s life, but the victim may not extend 6 hours of knife knife from knife to knife knife to knife knife to knife knife to knife knife to knife at knife, and knife to knife the victim.

E. From September 7, 2016 to September 2016, the Defendant: (a) while the Defendant and the victim were in conflict with the victim in the above studio 105, the Defendant viewed the victim’s arms and bucks as having knick knife with the knife, which is an object dangerous to the victim, on the ground that the victim was in conflict with the victim.

F. On September 2016, the Defendant threatened the victim with his knick knife on the ground that the victim had a flife or dispute with the victim, on the ground that he had a flife or dispute with the victim, the Defendant, on the ground that he had a flife or a flife, etc., had a knife with his arms, buckbucks, head knife, etc., and

G. On October 2016, the Defendant brought the kitchen knife, which is a dangerous thing, to the victim on the ground of the victim’s inception, and threatened the victim with the “inclution” on the ground of the victim’s inception, while serving in the early 2016 room 105.

H. On October 2016, 2016, the Defendant: (a) was disputing with the victim on the knives of the knives of the victim, knife the body part of the victim’s body, which is a dangerous object on the ground that the victim slifes the victim; and (b) knife the part of the victim’s knife, knife the part of the victim’s knife, knife the part of the knife, and kn

I. On October 2016, 2016, the Defendant: (a) demanded the victim’s studio 105, but, on the ground that the victim refused to do so, knife the Defendant’s right knife knife knife knife knife knife knife knif

(j) From around 07:00 on November 6, 2016 to around 6, 2016, the Defendant threatened the victim with a knife knife, which is a dangerous thing for the victim’s refusal, even though the victim was at convenience stores, even though the victim was at a convenience store, and was at a convenience store, the victim’s refusal to do so.

Accordingly, the defendant had a dangerous object and threatened the victim with a total of 10 times.

2. Special confinement; and

From November 6, 2016, between 22:30 to 05:00 on November 7, 2016, the Defendant: (a) stated, “the victim shall return to the house of our parents”; and (b) 2 fingers, which are dangerous articles, are collected from both descendants, and the victim did not have any mind; (c) the victim did not have any mind; (d) the family members of thener did not have any same way; (d) the victim did not have any knife; (e) the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif knif knife k knife k knif.

Accordingly, the defendant was detained with dangerous things without threatening the victim.

3. Forced;

A. On September 2016, the Defendant: (a) stated that “the death of the character of the game is the death of the victim; (b) the victim would have died in reality; (c) the victim would have given his/her consent to dissatising the satis; (d) the victim would have refused it; and (e) the victim would act as the victim’s finger with his/her finger; and (e) the victim would have been aware that he/she would have come to know if he/she was the same as another person; and (e) the victim would have come to know that he/she would have come to know that he/she would have come to know that he/she would have come to know if he/she was the same as another person.”

B. The Defendant: (a) was seated in Gyeong-gu 105, and her studio 105, saying, “I am within her house, and she left the bottom of the bridge; (b) but the Defendant refused, followed the victim by acting as a knife, leading the victim to do so, and caused the victim to do so, and (c) threatened the victim to “bum bump bump bume and bum bump, and fump bump bump bump, and fump bump bump, which is a physical device, bump, and fumbling the victim.”

C. At around 14:00 on November 7, 2016, the Defendant: (a) threatened the victim with the victim’s studio 105 above-mentioned 14:05, “I will leave her panty, if you do not listen to the horse, she will send it to that she will do so; (b) let the victim go against her panty part of the Defendant’s resistance to the cos of the victim, and take a smell, and (c) let the victim take a smell; and (d) the victim threatened the victim “I am hoe when kne meets kne, I will immediately die kne. When kne, I will immediately die kne.”

Accordingly, the defendant threatened the victim more than three times in total so that the victim does not have any obligation.

4. Rape;

Around November 7, 2016, the Defendant, like the above studio 105 of the above studio 105, demanded the victim to engage in intimidation and confinement, and had the victim drinked, and had the victim engage in sexual intercourse with the victim. The victim refused it, and the victim exceeded the victim's bridge by putting the victim's hand into a negative part of the victim, and putting his sexual organ into sexual intercourse once by inserting it into the victim's sound.

Accordingly, the defendant has sexual intercourse with the victim by suppressing the victim's resistance.

5. Violence;

A. On August 2016, 2016, the Defendant, while engaging in a dispute with the victim, was on drinking with the victim’s chest, sold both arms and bucks, etc.

B. From November 6, 2016 to November 7, 2016, the Defendant laid the studio 105 of the victim’s head with the studio and the studio 105 of the victim’s head, with the studio attached to the studio, without any special reason.

6. Possession of obscene materials under the Act on the Protection of Children and Juveniles against Sexual Abuse;

On November 7, 2016, the Defendant stored a video file with the name “054.avi, in a file format, a female child, who is a minor, in the name of 105 of the above studio 105, in which he/she recorded a sex-related face with an adult male.”

At that time, the Defendant had a total of 220 children and juvenile pornography, such as the list in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by witnesses D in the first trial record;

1. Each police statement concerning D;

1. Investigation reports (written submission of victims), investigation reports (verification of a suspect's body), investigation reports (Attachment to a list of crimes related to possession of obscene materials);

1. Each protocol of seizure and each list of seizure;

1. On-site photographs, etc., respective relevant photographs, and child pornography photographs;

1. USB files;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 284 and 283(1) of the Criminal Act (a) of the same Act, Article 260(1) of the Criminal Act (a) of the same Act, Article 260(1) of the same Act, Article 324(1) of the same Act, Article 278 and 276(1) of the Criminal Act, Articles 278 and 276(1) of the Criminal Act (a) of the same Act, Article 297 of the Criminal Act, Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a possession of obscene materials by a child or juvenile, a choice of imprisonment)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes for rape prescribed by the largest penalty)

1. Order to complete programs;

The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Article 47 (1) or 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure or notification of registered information, the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (disclosure and notification of registered information);

Order needs to be prudent in that it may have a significant impact on the defendant. In this case, the defendant is the first offender who has no record of criminal punishment. In addition, considering the defendant's age, family environment, background of the crime in this case, anticipated side effects on the defendant's disadvantage and anticipated side effects due to the disclosure or notification order in this case, and the expected effects of sexual crime prevention, it is judged that there are special circumstances that the defendant's personal information should not be disclosed or notified to the public.

1. Confiscation;

Article 48(1)1 of each Criminal Code (Evidence 1 through 5)

1. Article 45 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes during the Period of Registration of Personal Information (Amended by Act No. 14412, Dec. 20, 2016); Article 6 (2) of the Addenda to the Act;

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

1) As to the special intimidation under Section 1-d, E, F,g.,g., and H of the facts constituting the crime in the judgment, the Defendant did not have threatened the victim as stated in the facts constituting the crime in the judgment.

2) As to the special confinement, the Defendant’s defect that the victim would return to the parent’s house was spawn, but there was no threat on the victim. Moreover, the victim knife as stated in paragraph (2) of the criminal facts stated in the judgment that the dispute arises in the situation where the victim was spawn and did not have to do so, and the victim’s face did not commit the above act as a means of confinement.

3) As to rape, at the time, the victim took care of the victim's house while the victim was her end at the time, and the dispute was brought about, and then the dispute was brought about to seek recovery from relationship and suggested sexual intercourse to the victim. The victim first refused at the time, but the victim was sexual intercourse with the agreement upon the defendant's repeated request, and the victim was not sexual intercourse with the victim at the time, and there was violence or intimidation to the extent that it would not make it impossible to resist the victim at the time, or sexual intercourse with the victim who was drinking.

2. Determination

A. Special intimidation (as to Section 1-d, E. F., g.h.h.)

1) Details of the victim’s statement

A) Regarding the facts of the crime No. 1-d. of the judgment, the victim took the 's memory at the police,' and the victim took the g head's house at that time, and there was a need to extend the birth at 7:0 p.m., and the 6-day hours, which was the time when the f.m. came to the f., the f.m., which was the time when the f.m. came to the f., the f.m., and the f.m., the f., which was the time when the f.m. came to the f., responded to the f.m. in the f., the f.m., and the f., the f.m., the f., which was the f.s., the f., stated that the f.m. was the f., which was the f.

B) As to the criminal facts No. 1-e. of the judgment, the victim stated that the police did not know about the exact time between July 1 to September 12, 200, and that there was an assault by misunderstandings while she had a dispute at home, and that it was last knife with the knife (Evidence No. 102).

C) Regarding the criminal facts No. 1 (f) of the decision, the victim stated that "the victim may make a statement about the damage during the time of counseling on violence" at the police, and that "the victim suffered counter-satisf in time," and that the last day of September 200, and that there was a threat that he was dead of his parents during that time, there was a call to seek advice on domestic violence. There was a call to seek advice on how would be no damage. The victim made a statement that "I want to listen to actual advice without any damage." When you want to listen to the questions that "I want to hear, I asked about what what kind of harm was done before counseling was made," and that he made a statement that he made a statement that he was a deadly weapon during that time, and she made a statement that she was a 6th day of 0 days or less (0 days or less, and she made a statement that he was a deadly weapon during that time, and she made a statement that she made a satisf.

D) With respect to the facts of the crime No. 1 in the judgment, the victim stated that he was the birth day of the police, who was H within the three days prior to the birth day, and was threatened with kis, even after the three days prior to the birth day (Evidence No. 98), and that he was involved in the police's inquiry of H prior to and after the birth day of the statement, which is the birth day of H, and that he was in many cases about the occurrence of deadly weapons around the birth day, and that she made a statement that she was 10 years prior to the birth day (Evidence No. 104 of the Evidence No. 104 of the Record) and 10 days prior to the birth day.

E) As to the criminal facts No. 1-h of the holding, the victim stated as follows: (a) at the end of 10 months in the police, he was the victim’s speech, dispute, and he was aware of his own demand; and (b) he was able to carry his body several times in a knife with his body in a knife and rhife with his body, and rhyth of less than five times in a knife with his left hand (Evidence No. 107 of the Evidence Record).

2) The credibility of the victim’s statement

As above, the victim made a statement at the time of the police investigation by specifying the date of intimidation, and specifically stated the background leading up to intimidation, details of intimidation, etc. In addition, the victim’s statement is consistently stated in this court. In addition, it is difficult to see that the victim was able to make a statement without direct experience, and it is difficult to find any motive or reason for the victim to make a false statement, and otherwise, it is difficult for the victim to find out the motive or reason for the victim to make a false statement. As such, the victim’s statement can be acknowledged as a crime No. 1-d. 5, e., f, g., and

B. As to the special confinement

1) Relevant legal principles

The crime of confinement is a crime in which it is impossible or extremely difficult to leave a certain area with the protected legal interest of the freedom of action of a person, and it is possible or extremely difficult to leave such a certain area, not only by physical and tangible obstacles, but also by psychological and intangible obstacles, and the essence of confinement is not limited by any means and methods that restrict the freedom of action by restricting the freedom of action. It does not necessarily require a complete deprivation of the freedom of action of a person in confinement.

(Supreme Court Decision 99Do5286 delivered on February 11, 2000).

2) Determination

In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the defendant's assertion of the defendant and his defense counsel is not accepted, since it can be acknowledged that the defendant threatened the victim as stated in paragraph (2) of the facts constituting the crime in the judgment of the court, thereby preventing the victim from going to the defendant's home.

A) On November 6, 2016, at the police station, the victim displayed his son at the first string of his son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s house.

I stated that I would die. I am 1 at night, I am 1 at the victim's own time and 1 at the victim's own time, and am 1 at the victim's own time. I am 1 at the victim's own time and 1 at the victim's own time, so I am 1 at the victim's own time and 3 at the victim's own time. I am 'I am sl' and am 1 at the victim'. I am 'I am sl' and am sl' at the victim', so I am 1 at the victim's own time. I am 'I am sl' and am sl' after I am sl' at the victim's own time. I am 'I am sl' and am sl' after I am sl'. I am we am sl't am sl'.

B) If the Defendant excluded the victim from intimidation by citing knife and threatening the victim at the time of the crime No. 2 of the facts stated in the judgment, it is generally recognized that the victim knife the knife and bood the face with vinyl, and the knife the loss.

C) The Defendant asserts that: (i) the victim consistently stated that he/she had a defect that he/she intends to go to go to his/her house; (ii) the victim was her house; and (iii) the victim was fluened and her house; and (iv) the victim was fluored with a deadly weapon on November 6, 2016; and (iii) the victim requested the mother of the Defendant to help her house by taking the deadly weapon on his/her house; and (iv) the victim did not have a sexual relationship with the victim by taking the hand. However, considering the following: (i) the victim consistently stated that he/she had a fluorous act of confinement; and (ii) the victim was sexually used to achieve her own idea if the victim did not take his/her own opinion; and (iv) the victim requested the mother of the Defendant to help her house on his/her own as of November 6, 2016, it is difficult to see that the victim was able to have come to his/her house.

C. As to rape

In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court, it is recognized that the defendant, as stated in paragraph (4) of the facts constituting the crime in the judgment of the court, threatened the victim with intimidation and confinement, demands sexual intercourse with the victim, and the victim's sexual intercourse with the victim's sexual organ by putting the victim out of the victim's bridge and inserting the victim's sexual organ into the part of the victim's sexual organ even though the victim refused it, and it is reasonable to view the defendant's act as violence and intimidation to the extent that it is considerably difficult for the victim to resist the resistance.

Therefore, the defendant and his defense counsel's assertion on this part is without merit.

1) The credibility of the victim’s statement

A) In determining the credibility of a victim’s statement supporting the facts charged, the court shall not reject the victim’s statement without permission, unless there exists any other evidence that is objectively deemed objectively reliable, in a case where the victim’s statement is consistent and consistent with the facts charged (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). In addition, the court shall not readily deny the credibility of the victim’s statement solely on the grounds that the victim’s statement is inconsistent in the major part of the statement, as well as the mere fact that the statement is somewhat inconsistent with the statement concerning other minor matters (see, e.g., Supreme Court Decisions 2007Do10728, Mar. 14, 2008; 2009Do1212, Aug. 20, 202).

B) In light of the above legal principles, the victim tried to go at the house around 22:30 on November 6, 2016 from the police to this court, but the defendant was unable to threaten his hand, and thereafter, the defendant was knife with a knife, knife with a vinyl, knife with a vinyl, knife with a knife with a knife, knife with a knife, knife with a knife, and knife with a knife, etc., and thereafter, the defendant was forced to put the knife a knife with a knife, even though the defendant refused to demand a sexual relation several times

Although the victim’s statement was made at the time of sexual intercourse as alleged by the Defendant and his defense counsel, the victim’s primary purpose is to consistently state that the Defendant’s act of confinement (a threat by hand and knife with knife and knife with knife with knife with knife with knife with knife) and that there was a sexual relationship after the knife, and that there was a sex relationship after the knife. The difference in the above statement alone is insufficient to conceal the credibility of the victim’s statement.

2) Determination on the Defendant’s assertion

A) The Defendant asked the victim of the defect that the victim would go to the house while pursuing the act of worship by the victim, and suggested the sexual act in order to return the victim’s mind after the dispute arose as the victim remains in the house. As such, the point of time of sexual intercourse is reasonable to regard it as a space between around November 23, 2016 and around November 7, 2016, and accordingly, the Defendant asserted to the effect that he had sexual intercourses before being detained, as indicated in the holding, prior to the confinement as stated in the holding.

① However, as seen in the above Section 1, the victim made a relatively consistent statement on the fact that there was sexual intercourse after being detained by the defendant. ② According to the defendant's assertion, the victim informed her mother of the fact on November 6, 2016 and living together with her mother on the fact on 2016.1.6. The victim argued that she would go to her house at around 22:30, and that she would have come to her face after her testimony that she would turn to her house, and that she would have tried to return her mind to her house, it is difficult to see that she had sexual intercourse with her face to her face without 'the knife to her face' and 'the knife to her face' after her questioning about her own mind.

B) In addition, even if the victim's statement was based on the victim's statement, the victim called the victim as a cleaning agent at the time of the victim's sex relationship, and that the victim said that the victim was wearing the mixed Sea, which can be deemed to have consented to the victim's sex relationship and proposal. However, even if the victim made the victim's statement to the above purport, the victim's act appears to be the minimum measure to protect himself/herself from the defendant who attempted to enforce sexual intercourse, and it is difficult to view that the defendant and the victim were sexual intercourse under the agreement only on the ground of such circumstance.

3) Whether it is considerably difficult to resist the victim

A) In order to establish the crime of rape, the perpetrator’s assault and intimidation refer to assault and intimidation to the extent that it is considerably difficult to resist the resistance. Whether such assault and intimidation were committed shall be determined based on the specific situation in which the victim was placed at the time of sexual intercourse, taking into account not only the content and degree of the assault and intimidation, the developments leading up to exercising force, the relationship with the victim, and the circumstances at the time of sexual intercourse and the post. From an ex post perspective, it shall not be readily concluded that the perpetrator’s assault and intimidation did not significantly impede the victim’s resistance (see Supreme Court Decision 2005Do3071, Jul. 28, 2005).

B) Based on the above legal principles, the following circumstances acknowledged by the court legitimately adopted and investigated the evidence: (i) the Defendant used words to respect F, which is a flat chain homicide, or to kill or kill a person at 20 death; (ii) the Defendant used hot springing with the victim from December 2015, and frequently disputed the victim’s life expenses, etc. frequently; (iii) the Defendant threatened the victim with his/her attitude, such as threatening handb and kitchen knife, which are dangerous things as described in the crime No. 1 of the judgment, or threatened the victim with the victim’s physical harm at the time of the victim’s death; and (iv) it appears that the victim might have been frighting from his/her own or his/her family to the victim at the time of the victim’s physical harm; and (v) it appears that the victim might have been frightd with the victim’s physical harm from his/her own or his/her family; and (v) it appears that the victim might have been frightd with the victim’s physical harm from his/her family.

4) The circumstances after sex relation

A) On November 7, 2016, the Defendant: (a) after the 7th day of the birth of the Defendant, the Defendant was the victim of the defect that the father of the Defendant was in Seoul, was able to raise the police officers; (b) knife 2 knife knife knife knife knife; (c) knife knife knife knife knife knife knife

B) On November 7, 2016, around 12:01, the victim sent text messages to the victim's mother of the police station "A" and "I am called "I am and I am and I am and I am and I am to the police station", "I am to communicate I am and I am to the am and I am to the am and I am to the am. I am to the police station", "I am to communicate I am and I am to the am. I am to the police station", "I am and I am to the am and I am. I am to the am. I am to the am and am. I am to the am. I am. I am to the am and am. I am to the am. I am. I am to the am. I am. I am to the am. I am. I am. I am to the am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am now we now we now we am. you now we now we am.......

C) Comprehensively taking account of the aforementioned circumstances, the Defendant threatened the victim’s family member and the victim’s family member to die, the victim seems to have supposed fear and fear that the Defendant would inflict harm on himself/herself and his/her family member from around November 6, 2016 when he/she was detained until around November 21, 2006, from around November 22:30, 2016 when he/she was detained.

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for not less than three years nor more than 45 years;

2. Scope of the recommended sentencing criteria; and

(a) Basic crime: rape;

[Determination of Punishment] The basic area of the first category (General Rape) of rapes (subject to the age of 13 or more) in general standards for sexual crimes

【Special Convicted Person】

[Scope of Recommendation] Two and half years to Five years

【The range of recommendation to be modified, taking into account the lower limit of applicable sentences by law】 3 years to 5 years

(b) Concurrent crimes: Special confinement; and

[Determination of Punishment] The basic area of types 3 (Habitual Cumulative Offense, Special Arrest and Confinement) of general standards for arrest and confinement

【Special Convicted Person】

[Scope of Recommendation] One year to Three years

[Determination of Punishment] The basic area of category 4 (Special Intimidation for Habitual Offense) of Violence Act

【Special Convicted Person】

[Scope of Recommendation] From June to June 1st

(d) The result of multiple crimes: Three years to seven years; and

3. Determination of sentence;

This case is a situation unfavorable to the defendant that the defendant constantly threatened the victim with his/her knife and knife, who is a dangerous thing in living with the victim, in particular, threatened the victim's family members as if they would inflict any harm on him/her, let the victim do a non-obligatory act, and the crime is not good because the victim detained or raped, and the victim complained of ex post facto gift with a big shock caused by each of the crimes of this case, and wanted strong punishment against the defendant.

However, considering the circumstances favorable to the defendant, such as the defendant's age, character and conduct, family relationship, living environment, health conditions, motive, means and consequence of the crime, and circumstances after the crime, the defendant's act is against the victim's suffering. The defendant's parents are responsible for leading the defendant, and the defendant's parents are responsible for leading the defendant. In addition, the punishment as ordered shall be determined by comprehensively taking into account all sentencing factors specified in the trial process of this case, such as the defendant's age, character and behavior, family relation

Registration of Personal Information

Where a conviction becomes final and conclusive for the crime of rape or the crime of obscenity, the accused is a person subject to the registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to the competent authority pursuant to Article 43 of the same Act.

Judges

The presiding judge shall be changed.

Judges Tae-young

Judicial Chief Judge;

Note tin

1) Although the written indictment is stated as from around 21:00, the victim tried from the investigative agency and the mother of the defendant around 21:00 on November 6, 2016 at this court, the victim made a true statement to the effect that he/she would be free from the defendant's right of defense, as he/she tried to leave the defendant's house up to 22:30 hours, and then, he/she made a statement to the effect that he/she would have threatened the defendant with his/her finger. According to the victim's statement as above, the time when the defendant started to threaten him/her to leave his/her seat on November 22:30, 2016, and even if the victim tried to leave his/her house from around 21:0 on November 6, 2016 to around 20:30 on the same day, he/she could have arbitrarily exercised his/her right of defense with the defendant's right of defense ex officio.

2) In the police investigation on November 201 and September 2016, the victim stated that "I would like to find no one until 6: 'I would like to find the sex relationship, and that I would like to say I would like to do not refuse to do so (Evidence No. 112)." On November 11, 2016, the police investigation stated that "I would like to take place after 4: 'I would like to take place in the house' (Evidence No. 179 of the Evidence Records).