(영문) 인천지방법원 2015.12.18 2015고합537

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(영문) 인천지방법원 2015.12.18 2015고합537

강간상해

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The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the defendant is a foreigner of Uzbekistan's nationality, and the victim D (n, 36 years of age) is a permanent resident of the Republic of Korea of Russia.

On August 26, 2015, at around 00:00 on August 26, 2015, the Defendant, in the residence of the victim of the Yeonsu-gu Incheon Metropolitan City (dong), was under drinking together with the E of the victim and his former male-friendly khovastan, while drinking together with the victim's and his female's former male-friendly khovastan, while E was in a conflict with the victim and went home first, and she left with the victim

Accordingly, the defendant, due to the victim's desire to sleep the front door and sit in the front door of the victim who was faced with the front door, has tightly pushed the part of the victim's arms, and has tightly pushed the victim's face and ear sides, etc. in several times, and has the victim's face and ear sides, etc. tightly interfered with the victim's resistance, such as threatening the victim's face and ear sides, etc., and tried to dup up the victim's panty, and put the victim's sexual organ into the part of the victim's sexual organ. The defendant tried to dup up the victim's panty and added the victim's sexual organ back to the part of the victim's sexual organ, but failed to reach the wind that another victim spreads the defendant and opened the front door, and in such process, the defendant did so with the victim's eye, ear, ear, earing, and so on.

2. The Defendant and his defense counsel asserted that they had a sexual intercourse with the victim, although they had a sexual intercourse with the victim, they did not rape the victim.

3. Determination

A. First of all, the admissibility of each police statement on E, which corresponds to the facts charged in the instant case, is a protocol in which the judicial police officer recorded the statement of a person other than the defendant, and each of the above statements is the same as the statement made before the judicial police officer, and the statement, video-recording, or other objectively recorded.

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