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(영문) 서울중앙지방법원 2017.11.24 2017고합857
준강간등
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

The summary of the facts charged is that the defendant takes the same class as the victim D (18 s and inn) and became aware of it.

Around October 1, 2016, the Defendant had sexual intercourse with the victim who had drinking at the same time with a view to drinking and having the victim sexual intercourse with the victim. Around 03:00 of the same day, the Defendant had had the victim in the residence of the victim in Jung-gu, Seoul, Jung-gu, Seoul and 201, and had the victim sexual intercourse once by inserting his sexual organ into the victim’s negative organ, regardless of whether he had the victim sexual intercourse.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or non-refluence status.

At around 08:00 on October 1, 2016, the Defendant tried to engage in a sexual relationship with the following, i.e., getting the victim to engage in sexual intercourse, reporting the victim who was frighting without having his clothes, and allowing the victim to engage in sexual intercourse.

The victim, in the process of dumping the body of the body of the victim, so that one arms was attached to the body of the victim, so long as she prevented the defendant from extending into another arms, and "do not ma", however, the defendant had sexual intercourse once by sparing the part of the victim by sparing the hand of the victim with the defendant's hand, suppressing the resistance, and inserting the defendant's sexual organ into the part of the victim.

Accordingly, the Defendant raped the victim by assault.

Defendant

On October 1, 2016, the victim was not in a state of mental or physical loss or arbitability on October 1, 2016, and the defendant did not have sexual intercourse by taking advantage of such state of the victim.

On October 1, 2016, the Defendant had sexual intercourse under mutual agreement with the victim around 08:00 on October 1, 2016, but did not have sexual intercourse by suppressing the victim’s resistance by assault and intimidation.

Judgment

In the relevant legal principles, the recognition of criminal facts has probative value that leads a judge to the extent that there is no room for reasonable doubt.

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