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(영문) 서울고등법원 (춘천) 2020.04.01 2019노180
성폭력범죄의처벌등에관한특례법위반(특수준강간)
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The Defendants charged in the instant case are the friendship relationship between the victim C (n, 28 years of age) and the high school, known to him.

At around 00:00 on July 8, 2018, the Defendants: (a) while boarding a passenger car of Defendant A in order to drink and move alcohol with the victim, the Defendants conspired to rape with the victim with the victim with the knowledge that the victim, who was drunk, was unable to associate with the withdrawal of alcohol; (b) then, (c) the victim was born to the Felel in Chuncheon City of Chuncheon, but this three persons were not familiar with the victim, and (d) the Defendants were denied from the owner of the business.

Then, Defendant A entered the victim first, and Defendant B would enter the last time and find another telecom.

At around 02:00 on July 8, 2018, the victim had sexual intercourse once with the victim by putting the victim, who has been unable to resist, on the part of the victim, under the influence of alcohol, lying the victim's clothes, putting the victim's body into a bed, cutting off the victim's clothes, and taking part in the body of the defendant A, taking part in the part of the victim's body, and inserting the victim's sexual organ into the victim's entrance, inserting the victim's sexual organ into the victim's sexual organ and inserting the victim's sexual organ into the part of the sound.

In the end, the Defendants, together, had sexual intercourse with the victim who is in a state of impossibility to resist by drinking.

2. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated based on the legal principles as to the burden of proof of criminal facts in a criminal trial, the lower court rendered a not guilty verdict of the facts charged in this case on the ground that the evidence submitted by the prosecutor alone cannot be deemed as having proved beyond reasonable doubt, and that there is no other evidence to acknowledge it.

The injured party has lost his/her awareness of the withdrawal of alcohol and cutting it off, and the injured party shall walk properly through the sound to walk, and all persons shall walk as follows:

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