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The defendant is not guilty. The summary of this judgment shall be announced publicly.
Reasons
I. Facts charged
1. Around 07:00 on March 18, 2018, the Defendant: (a) discovered the victim C (one, two-one years of age) who was under the influence of alcohol and sit on the roadside; (b) discovered the victim C (one, two-one years of age) who had sexual intercourse; (c) sought to engage in sexual intercourse with the victim, “Iskn-day. Maurri”; (d) changed the victim’s two arms to the victim who is unable to properly hold his/her body in his/her taxi; and (d) moved into the Gangseo-gu Seoul Metropolitan Government Del E around 07:30 on the same day.
On March 18, 2018, at around 08:00, the Defendant placed the victim under the Gangseo-gu Seoul Metropolitan Government Delel E, and tried to get off the victim’s anti-fluor and strawing, and to have sexual intercourse with the victim. However, the Defendant suspended the Defendant’s smelling of earth and sand and attempted to have sexual intercourse with the victim.
As a result, the defendant kidnapped the victim for the purpose of sexual intercourse and attempted to have sexual intercourse with the victim who was unable to resist, but did not have such intent.
2. The Defendant: (a) boarded a taxi at the time and place specified in paragraph (1); and (b) stolen a 90,000 won in cash and a new debit card of the victim on the wall that the victim was under the influence of alcohol on the taxi; and (c) stolen it on the wall that the victim was under the influence of alcohol.
3. On March 18, 2018, the Defendant violated the Fraud and the Specialized Credit Financial Business Act, presented a new debit card of the said C (tentative name) that stolen as described in paragraph (2) prior to the Gangseo-gu Seoul Metropolitan Government Diveter G with the victim G, who is a F taxi driver, as if he had the right to use the said card in his normal condition. In doing so, the Defendant had the victim pay 12,800 won and exempted the victim from paying the said amount, thereby acquiring pecuniary benefits equivalent to the said amount.
Accordingly, the defendant used stolen debit cards and acquired pecuniary benefits by deceiving the victim.
Ⅱ. Determination
1. The defendant's assault, intimidation, or de facto force is based on the evidence record of the kidnapped part of sexual intercourse;