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(영문) 서울고등법원 2016.07.08 2016노375
준강간등
Text

The judgment below

The guilty portion against the Defendants is reversed.

Of the facts charged in the instant case, the Defendants are against the Defendants.

Reasons

(b) entered; and

Defendant

A paid accommodation charges by credit card, and the above settlement details were transmitted to Defendant A’s cell phone with the P trade name.

According to the CCTV video recorded in R, Defendant B seems to have a great view of Defendant B’s cell phone immediately before R, and at this time, Defendant B could have reported the details of the payment of the said credit card and known the fact that Defendant A was familiar with the instant P.

Defendant

A immediately after having sexual intercourse with the victim as soon as he entered the P of this case, at around 04:10, a mobile phone of the victim was called to the defendant B, and the defendant B was called to the nearest part of the P of this case.

The contents of the defendants' currency at the time are as follows.

Defendant

B: anywhere 100

Defendant A: Where she is anywhere, Defendant B: B in front of AK Hostel, Defendant B: Defendant B in front of AK Hostel, Defendant B: Ngu Q: (Crh) ** A* A in front of AK Hostel.

Defendant B is a heading B: H. A. A. A. B. A. B. A. B. A. B. Defendant B may do so even after he/she entered the her: Defendant B: A. B of the public toilet of Korea: B: A. B, A. B, a public toilet outside;

Alonging out of Korea;

In addition, Defendant A: Defendant B, who was in the front of the public toilet, was hiversed from A to B, and was in the fora, and the face of Defendant A: Defendant B was a relatively normal horse at the time of the above phone call. On the other hand, Defendant B said that Defendant B was under the influence of alcohol. In light of the appearance of Defendant B and Q immediately before the above phone call, Defendant B was under the influence of alcohol.

(7) Defendant B and Q were in the vicinity of the public toilet located in the instant P, but around 04:23, Defendant B followed Defendant B, and Q returned to the instant P, and Q returned home.

Defendant

A along with Defendant B, the instant P.

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