(영문) 대구지방법원 서부지원 2014.10.02 2014고합117

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(영문) 대구지방법원 서부지원 2014.10.02 2014고합117

준강간

Text

Defendant

A Imprisonment with prison labor for two years, and for ten months, for each of the defendants B.

However, this judgment is delivered against Defendant A.

Reasons

Punishment of the crime

1. On June 29, 2014, around 01:00, Defendant A found that the victim F (n, 19 years old) was under influence of alcohol due to the problem of taxi engineer and taxi fare, and that the Defendant’s day-to-day flight of the taxi was conducted together with the victim.

On June 29, 2014, at around 05:05, the Defendant: (a) was under the state of personnel in which the victim was under the influence of alcohol and was unable to take a walk, and (b) had sexual intercourse with B with the victim who was under the influence of alcohol, and (c) had the victim sexual intercourse with B, who was under the influence of alcohol, left the above 311 room, and inserted the victim’s clothes in the sound book while the Defendant and the victim left the said 311 room.

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

2. At around 05:05 on June 29, 2014, Defendant B, at the place specified in paragraph (1), talked with A to the effect that, in order to assist the victim in having been aware of having sexual intercourse with the victim by taking advantage of the victim’s condition, Defendant B, along with A, left the victim up to the above HMoel 311 room, and aided and abetted the victim by putting the victim out of the bed, “I am ever, first, they are married, without any way, because I am. I am. I am well, I see that there is no way,” and by facilitating the quasi-rape crime between A and the victim, even if I am out of the bed.

Summary of Evidence

1. Defendant A’s legal statement, Defendant B’s partial legal statement

1. Protocol concerning the suspect examination of the defendant B by the prosecution;

1. A protocol concerning the suspect examination of the defendant B;

1. Statement of the prosecutorial statement concerning I;

1. Each police statement concerning J, K, F, L, and M;

1. An appraisal report prepared by the N of appraiser;

1. CCTV photographs;

1. Application of Acts and subordinate statutes of each investigation report;

1. Article applicable to criminal facts;

A. Defendant A: Articles 299 and 297 of the Criminal Act.

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