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(영문) 서울서부지방법원 2020.06.18 2020고합69

준강간등

Text

[Defendant A] The defendant shall be punished by imprisonment for three years.

except that the above sentence shall be executed for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From December 31, 2019 to December 31, 2019, when the Defendants drinkd “D” in Yongsan-gu Seoul Metropolitan Government, the Defendants joined the next table E (Ga name, leisure, 40 years old) and the victim’s friendship (hereinafter “victim, etc.”) but it was impossible for the Defendants to communicate because the victims, etc. were under the influence of alcohol, and the victims, etc. move out of the club.

1. Defendant A

A. At around 01:30 on December 31, 2019, the Defendant, at the entrance of the foregoing “D,” was drunk and drunk, and found the victim who emblingly, frightly and unlawfully mard, without holding a taxi, and frightly and boomed to engage in sexual intercourse, and around 02:00 on the same day, the Defendant furged the victim to the Furg in Yongsan-gu Seoul, Yongsan-gu, Seoul, and furged the victim from the clothes of the victim, whose consciousness is unknown due to drinking under the above furg, and had sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or impossible condition.

B. At around 04:16 on the same day, the Defendant told B of the fact that he met B or she had sexual intercourse with the victim at the place near the her maternity, and around 04:29 on the same day, the Defendant entered the above maternity G, thereby having confirmed the victim’s condition, contacted B with the victim, and had sexual intercourse with B, as described below, with the victim’s sexual intercourse, as described in the following Paragraph 2. As such, the Defendant aided B, even though he was aware of having attempted to rape the victim at a state of mental or physical disability or non-competence, he aided B to commit the crime. Around 04:42 on the same day, the Defendant: (a) went off from the “Fel” subparagraph 1 of the above “Fel” as stated in the “Fel” subparagraph 1; and (b) went into the victim’s sexual intercourse with the victim’s body, thereby inserting the victim’s sexual intercourse with B by inserting it into the victim’s body.

Accordingly, the defendant is under the influence of alcohol and is in a state of mental or physical disability.