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(영문) 서울고등법원 2014.03.14 2013노3391
아동ㆍ청소년의성보호에관한법률위반(준강간등)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Sexual assault, 80 hours against the defendant.

Reasons

1. The judgment of the court below which acquitted the defendant on the ground that it is difficult to view that the victim was in a state of difficulty due to the victim's sleep while under the influence of alcohol when the defendant delivered the victim's chest, but it is difficult to view that the victim was in a state of disability or inability to resist.

2. Determination

A. In full view of the following circumstances, the lower court found the Defendant not guilty on the ground that it is difficult to view that the victim was in a state of mental or physical disability or inability to resist at the time of the instant case, and there is no

1) With respect to the circumstances of the instant case, the victim told at the police station that “I am a defendant and a taxi. I am a stringer, but I am a stringer.” The victim was expected to have his own test “I am a 23 pages,” and “I am a stringer, I am the victim first on the back seat of the taxi, and I am a string the victim’s right side. I am a string the snow at the left window of the taxi, but I am a string of the defendant, and I am a 3th ambringer’s eye, and I am a 3th ambringer’s ambringer’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

Then, the kn't kn't kn't.

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