The Jeju District Court on Wednesday acquitted a 25-year-old man accused of attempted quasi-rape.
A was put on trial on charges of attempting to have sex with a 22-year-old victim who was drunk and fell asleep in the passenger seat of a car at a public parking lot in Jeju on Sept. 14 last year.
The man denied sexual assault charges from the investigation stage. It is true that they had sexual contact, but it was done by agreement.”
The court raised Mr. A’s hand. The court judged that “the evidence submitted by the prosecutor alone is hard to say that the victim was drunk and asleep and unable to resist, or that the defendant tried to use it to have sex.”
He added, “While watching the defendant with his eyes wide open, he took courage to protest, saying, ‘Why did you take the video?'” It is hard to understand that he did not protest the sexual assault and only protested the video footage taken before that.”
In addition, the contents of the victim’s KakaoTalk were also applied in favor of her. On the afternoon of the day of the incident, the victim sent a message to the defendant via Kakao Talk, saying, ‘Hahaha. It was only in his brother’s video album, right?’ This is more in line with the defendant’s claim that the victim only protested against filming, although she agreed to have sex,” the judge said.
“We cannot rule out the possibility that the victim may not be able to properly remember her contact with the defendant due to the symptoms of blackouts, although she acted in a conscious state at the time of the incident,” the court said. 토토커뮤니티 “We judge the case not guilty because there is no evidence of a crime.”
In order for quasi-rape crimes to be established according to the Supreme Court’s ruling, it must be intentional to try to use the victim’s mental and physical loss or inability to resist.