(영문) 대전지방법원 2012.12.06 2012고합388

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2012.12.06 2012고합388

준강간등

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A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant's information about the defendant shall be made through an information and communications network for three years.

Reasons

Punishment of the crime

1. Around 04:00 on August 13, 201, the Defendant: (a) operated a taxi on the street in front of the Seo-gu Daejeon building, Seo-gu, Daejeon; (b) went the victim D (the age of 25) as a customer; (c) under the influence of alcohol, the Defendant: (d) moved from the under the influence of alcohol to a rest area for a passenger of the expressway that is near the expressway before returning; (d) but (e) the victim was able to rape the victim under the influence of alcohol; (e) around 05:00 on the same day, the victim was under the influence of alcohol; (e) was fluencing the victim under the influence of alcohol; (e) was fluencing the clothes, she was placed on the bend; and (e) was flucing him with the clothes attached to the bend, she

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental condition.

2. At around 05:30 on August 13, 201, the Defendant stolen KRW 20,000 in cash from the victim’s wall wall while coming to the victim’s locking 402.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Judgment as to the defendant's assertion in a recording book

1. The assertion;

A. The Defendant of quasi-rape did not constitute the crime of quasi-rape since he/she agreed with the victim to have a sexual intercourse (the victim was not in a state of mental disorder, was off his/her clothes, and the Defendant saw the victim as "I would like to see it" and her sexual intercourse with the victim.

Since the thief voluntarily takes 20,000 won from the wall to the Defendant, the Defendant did not constitute larceny, and the Defendant did not think of the victim who did not take the victim to leave the expressway rest at the request of the victim, and the victim did not think of the victim, and the victim did not take the action so that he would take the 20,000 won to take the 20,000 won from the wall.

유사 판례

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