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(영문) 서울중앙지방법원 2015.04.03 2015고합10
간음유인등
Text

The defendant shall disclose the summary of the judgment of innocence against the defendant.

Reasons

1. Summary of the facts charged

A. On February 4, 2010, at around 00:30 on February 4, 2010, the Defendant discovered that the victim E (the age of 31 at that time) was under the influence of alcohol and returned to the taxi along with the driving of the alcohol, and followed the victim by driving the NAS car, and followed the victim by driving the NAS car on the road located in the YYdong-dong Seoul Special Metropolitan City, Nowon-gu.

Accordingly, for the purpose of attracting the victim who was in a state of being unable to make a normal judgment due to drinking only after having accessed the victim by setting up and approaching the vehicle, the defendant took place against the victim as if the victim was a male who scamed in the above age club, and went to the victim to the Gmoto 105 room located in Gangdong-gu Seoul Metropolitan Government F on the same day at around 01:35 on the same day.

Accordingly, the defendant inducedd the victim for the purpose of sexual intercourse.

B. The Defendant, as a quasi-rape, had sexual intercourse with the victim by putting off the clothes of the victim who was in a state of no consciousness due to the intoxication from 01:35 on February 4, 2010 to 03:40, and inserting the Defendant’s sexual organ into the part of the victim’s state of ability to resist.

C. The Defendant: (a) committed theft, taking advantage of the gap in the victim’s creh that the victim was locked by taking place at the same time and place as in the preceding paragraph; (b) the Defendant stolen, with money and valuables owned by the victim equivalent to KRW 3,150,000,00 in the market price, including one gold boom (at a market price equivalent to KRW 1,200,000,000), one gold sheet (at a market price equivalent to KRW 1,50,000), one gold sheet (at a market price equivalent to KRW 3,00,000), and one gold sheet (at a market price equivalent to KRW 1,50,000).

2. Determination

A. As to the inducement of sexual intercourse, the victim left the age club at the time and left the taxi before the house. The defendant followed the victim.

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