(영문) 의정부지방법원 2015.04.29 2014고합426

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(영문) 의정부지방법원 2015.04.29 2014고합426

준강간등

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

Reasons

1. Summary of the facts charged

A. A quasi-indecent act by compulsion on October 27, 2014, the Defendant: (a) at the home room of the victim E (the 23-year old-old) (the her husband F while drinking alcohol together with the victim and the victim’s husband F, the Defendant f was under the influence of alcohol; (b) f was under the influence of alcohol, f was under the influence of alcohol, f was under the influence of the victim by inserting his hand into the inside, and f was under the influence of the victim’s chest; and (c) the victim’s right chest was prompt.

Accordingly, the Defendant, under the influence of alcohol, committed an indecent act against the victim who is unable to resist.

B. At around 11:00 on October 30, 2014, the injured Defendant, while drinking alcohol with the victim, brought alcohol to the victim while drinking alcohol together with the victim, was inflicted an injury on the part of the victim, such as a shoulder and sprinking of the arms in need of treatment for about 10 days, when drinking the left arms.

C. Between 11:00 to 16:00 on October 30, 2014, the Defendant, as described in paragraph (2), was at the home of the above victim E, and the victim, who was under drinking together with the victim, was placed on the bed bump of the victim, was deprived of the victim’s lower her being on the bed, and had sexual intercourse once with another victim on the part of the victim.

Accordingly, the Defendant raped the victim who was unable to resist under the influence of alcohol.

2. The defendant and his defense counsel's assertion ① The point of quasi-indecent act among the facts charged in the instant case, and the point of quasi-rape was that the victim did not have any condition to resist or resist at the time, and the defendant did so to the victim or sexual intercourse with the victim under the agreement with the victim. ② Of the facts charged in the instant case, the injury was not caused by the defendant's knife, strawe, shoulder, shoulder, and left arms, and there was no fact that the victim was injured due to the defendant's act.

The victim has received medical treatment in relation to the injury of the case.

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