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(영문) 서울중앙지방법원 2018.11.28 2018고합369

준강간등

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant, at around 03:00 on September 1, 2017, 190, she told Ha (e.g., 21 years of age, Ga) in front of the above drinking house and Ha (e.g., Ha), who was under the influence of D drinking house in Mapo-gu Seoul Metropolitan Government, she dice with H located in Mapo-gu Seoul Metropolitan Government, and she dice with B, E, and F.

1. Violation of the Act on Financial Business Specializing in Credit and the accused of fraud, who violated the Act, were drunkly drunk E with the spirit of mind;

E's father's I Card (J) was discovered, and it was thought that E was used to use the Emerial card.

A. On September 1, 2017, around 04:18, the Defendant presented the said card to the owner of the foregoing alcohol house as if he/she were a credit card of the Defendant, and had the Defendant settle KRW 33,500.

B. At around 04:49 on the same day, the Defendant: (a) moved from the above H to the Lel located in K in Seoul Special Metropolitan City, and (b) presented the above card to the victim N, a driver of the above taxi, to pay KRW 10,600 as if he were the Defendant’s credit card.

(c)

At around 04:52 on the same day, the Defendant presented the above card as if he was the Defendant’s credit card, to the owner of the above L, whose name is not known in the above Lel. In order to settle the amount of KRW 35,000,000.

Accordingly, the defendant deceiving the victims, acquired the same amount of property benefits from the victims, and used lost or stolen credit cards for three times.

2. The Defendant, from around 04:52 to around 10:30 on September 1, 2017, 201, was drunk in a guest room where it is impossible to know the above Lelbur care room, and did not properly resist the victim’s hair and clothes, and inserted the victim’s flag into the victim’s sound part.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental and physical loss or the impossibility of resistance.

Summary of Evidence

1. The defendant's statement in court;