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(영문) 서울남부지방법원 2015.11.12 2014고합604
준강간
Text

The defendant shall be innocent.

Reasons

1. The Defendant, from January 13, 2014 to January 04:00 on the following day from around 19:30, 2014, expressed that, while drinking alcohol together with the victim and other members of the same club in the vicinity of the new forest basin of Guro-gu Seoul Metropolitan Government, the Defendant would drink alcohol with the victim, and that, to the extent that the victim’s body cannot be easily accumulated, the Defendant would have the victim gather with other members of the same club, and that he and the victim would have a cab to rest with the victim.

The Defendant: (a) when the victim was under the influence of alcohol in a taxi and did not properly talk about the place of residence in the taxi; (b) when he was sent to the taxi engineer, the victim was placed in the taxi engineer with the Felto 501 in Seoul Special Metropolitan City E; and (c) the victim was sexual intercourse once with the victim by using that the victim was not able to resist while drunk.

2. The gist of the defendant's assertion is that the defendant drinking alcohol at a meeting and sexual intercourse with the victim is recognized.

However, the victim divided the conversation between the defendant and the defendant in the telecom, and naturally sexual intercourse with the defendant, and immediately after the sex relationship, the cleaning agent himself was sleeped in the toilet and was not in the state of failing to resist at the time of sex relationship.

3. In light of the following circumstances acknowledged by the records of the instant case and the witness’s statement, the evidence submitted by the prosecutor alone, having sexual intercourse with the victim by taking advantage of the victim’s failure to resist.

It is insufficient to recognize that there was an intentional act or intent to do so, and there is no other evidence to prove it.

1. From this law, the victim d'D meetings to 3rd alcohol, and the victim's movement from the second to the third drinking place to the third drinking place is memory, but the victim shall not completely memory from the third drinking place to the third drinking place.

During the third drinking place, G and H made a talk about the former male-friendly Gu to the same person, G and H in the toilet, and the fact that H reached the victim is also not memory.

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