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(영문) 의정부지방법원 2013.08.23 2013고합180
아동ㆍ청소년의성보호에관한법률위반(준강간등)
Text

The prosecution of this case is dismissed.

The request for the attachment order of this case is dismissed.

Reasons

Public Prosecution Rejection Parts

1. The Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) are in the relationship between the victim D (18 years of age) and the place of work as a bank staff working in C.

On March 2013, at around 22:00, the Defendant: (a) had the victim engage in sexual intercourse at the E’s intersing meeting around the end of 22:00; (b) had the victim engage in sexual intercourse with his or her intention to have the victim engage in sexual intercourse with his or her consciousness by drinking alcohol; and (c) had the victim engage in sexual intercourse with him or her on one occasion at the singing meeting; and (d) had the victim engage in sexual intercourse with him or her

B. Around 22:00 on April 10, 2013, the Defendant tried to engage in sexual intercourse again with the victim in the stairs in the C building located in Spocheon-si, Spocheon-si, E, with the intent of having the victim feel an unknown consciousness by drinking so that the victim would have sexual intercourse with the victim, setting the victim on the single in the single, and try to have sexual intercourse with the victim, but the victim's face was sealed by his hand, and the Defendant did not come up with the victim's face, and the victim did not come up with his intention. On the other hand, the Defendant tried to have sexual intercourse again with the victim at around 23:00 on the same day, while the Defendant tried to keep the victim in gathering the victim's face, the Defendant did not go through the wind that the victim would come up with his mind, and did not intend to do so.

C. On April 26, 2013, around 23:40 on April 26, 2013, the Defendant: (a) had sexual intercourse with the victim in mind of having the victim feel her in an unknown state by drinking alcohol; and (b) having sexual intercourse with the victim once by having the victim engage in sexual intercourse with the victim, taking advantage of his or her mental disorder or the state of failing to resist.

2. The facts charged in the instant case are all facts charged under Article 299, 300, or 299 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) and prosecuted only when a victim files a complaint under Article 306 of the same Act.

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