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(영문) 대전지방법원 2019.05.03 2018고합507
준강간등
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. Around June 2, 2018, from around 04:20 to 07:00, the Defendant reported that, within Daejeon mid-gu Belc, the victim E (the victim, who was a passenger boarding a D business taxi operated by the previous Defendant (the victim, 45 years of age), who was a passenger boarding the D business taxi operated by the previous Defendant, was unable to keep the mind, was able to leave the victim into the said room, was placed in the said room, she was putting the victim into the said room, she exceeded all clothes worn by the victim, and inserted the Defendant’s sexual organ into the part of the victim.

Accordingly, the defendant has sexual intercourse with the victim's failure to resist.

2. Fraud, computer, etc. fraud;

A. At around 05:21 on the same day, the Defendant: (a) presented the credit card in the name of the husband of the above E to the victim F, who is the business owner of the telecom, despite the fact that the Defendant was delegated with or obtained consent to the use of the credit card from the above E; (b) provided the credit card in the name of the husband of the above E; and (c) had the victim pay 50,000 won of accommodation charges by the credit card, thereby having

B. At around 06:24 on the same day, the Defendant did not have agreed in advance with the above victim E about the payment of daily allowances, and even though he did not have received delegation or consent with respect to the use of credit cards by the victim, the Defendant obtained financial benefits equivalent to the above amount by inserting the credit card in the name of the victim into the card terminal in the above telecom parking lot, which was set up in the Defendant’s taxi parking lot, and by paying the amount equivalent to 136,360 won under the name of daily wages or taxi expenses, and by making the data processed by inputting the information without authority into the information processing device, such as computer, etc.

This part of the facts charged was revised to the extent that it does not substantially disadvantage the defendant's exercise of his/her right of defense based on the evidence duly adopted and examined by the court.

Summary of Evidence

1. The defendant;

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