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(영문) 수원지방법원 안산지원 2015.12.11 2015고합173

준유사강간

Text

1. The defendant A shall be punished by imprisonment with prison labor for two years and by imprisonment for five years; and

2. Provided, That this shall not apply to Defendant A.

Reasons

Punishment of the crime

1. 피고인 A 피고인 A은 2015. 6. 23. 22:00경 안산시 단원구 E에 있는 ‘●●●●●’ 편의점에서 종업원으로 근무하던 중, 술에 취한 피해자 F(여, 18세)로부터 화장실을 이용할 수 있게 해달라는 부탁을 받고, 위 편의점의 2층에 있는 화장실을 이용하게 해준 뒤, 10분이 지나도 피해자가 내려오지 않자, 화장실로 올라갔다가, 구토하고 바닥에 쓰러져 있는 피해자를 발견하고, 화장실 문을 잠근 다음, 그곳에 있던 우유 상자에 피해자를 앉혔다.

However, under the influence of alcohol, the victim's snow breath in the future, and the defendant A was inside his body in order to receive the victim, and the defendant A was able to see the victim's breath not to resist by drinking and drinking so that the victim's chest can not resist by drinking, the victim's chest can breath, the victim's panty breath, the victim's panty breath, and the victim's breath, and the victim's breath, and the victim's breath part was the inside part of the breath.

Accordingly, the defendant A used the victim's failure to resist to do so and used the victim's similar behavior.

2. Defendant B sought the convenience store around 22:40 on June 23, 2015, and Defendant B went to the above convenience store. Defendant B heard the phrase “a woman, who was drunk, was drunk, was in a toilet, and went to the rest of the toilet, and went to the G Park in the vicinity of the victim.”

After having discussed the victim from this place, there was a defect that the victim sought the mobile phone device to the defendant B, and the defendant B had found the victim's cell phone at around 23:10 on the same day and returned to the above convenience store, but did not discover it.

Since then, Defendant B had the victim live at his own house in Ansan-si, the members of the Dong-gu, Ansan-si, and had the victim do a cleaning agent in the toilet, and the victim did not properly see a cleaning agent due to drinking.