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(영문) 서울남부지방법원 2020.05.01 2019고합432
성폭력범죄의처벌등에관한특례법위반(주거침입강간)
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The summary of the facts charged was the relationship between April 9, 2019 and June 2, 2019 with the victim B (n, 26 years of age).

On June 3, 2019, at around 22:15, the Defendant demanded the victim of Gangseo-gu Seoul Metropolitan Government Ctel heading to open a door, while under the influence of alcohol. Around June 3, 2019, the Defendant: (a) sealed the victim refusing to do so; (b) entered the victim’s house; and (c) laid down the victim’s seat on the part of the victim; and (d) placed the victim on the part of the bed.

The defendant is divided into the victim's body that denies sexual intercourse with the victim's body to suppress the victim's resistance, and the victim's panty spanty was off, inserted into the victim's panty, inserted the victim's body into the sound part, and after deducting the victim's body from returning the body, put the victim's shoulder into three times his fingers.

Accordingly, the defendant invadedd the victim's room and raped the victim.

2. Defendant and his defense counsel’s assertion

A. At the time of the instant case, the Defendant only entered the victim’s residence under the consent of the victim, and did not go against the victim’s will or entered the victim’s residence for the purpose of rape.

B. The Defendant only attempted to engage in sexual intercourse under the agreement, and did not suppress the victim’s resistance, and did not rape the victim against his will.

At the time of the instant case, the Defendant did not have inserted a sexual organ into the part of the victim’s sound or inserted a finger.

3. The following facts and circumstances are acknowledged according to the evidence duly adopted and examined by this Court.

A. A. Around April 2019, the Defendant met B, who drinks alcohol at the main point of “D” and works as an employee.

The Defendant became a partner B and B at each time at the above main points, and became a partner with an individual contact.

B. At the same time, the Defendant visited B’s officetels frequently.

The defendant visited B Officetel to make a sex relationship B with B.

(c).

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