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(영문) 서울서부지방법원 2019.01.17 2018고합160
준유사강간
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On November 14, 2017, at around 19:00, the Defendant, along with 6 victims D (the age of 23) who are employees of the same company in the restaurant of the trade name called Mapo-gu Seoul Mapo-gu, Seoul, performed drinking together with the victims, etc. in the nearby heading and singing room. The E director of the same company, who performed drinking in the same company, was able to make soup for the sobry of the “G Coina” in the Seoul Mapo-gu Seoul Mapo-gu.

On November 15, 2017, between 04:00 and 05:30, the Defendant sought the victim at the soup bank, and reported the victim under the influence of alcohol to the water surface room of the soup bank, and then, the victim was fryed with the victim's chest, and frightd with the victim's chest, and frightd with the victim's finger.

Accordingly, the defendant put a part of the body into the victim's sexual ability by taking advantage of the victim's inability to resist.

2. The Defendant and his defense counsel asserted that they had been easily and under mutual agreement with the victim, and there was no fact that they used the victim’s state of refusing to resist, and that Swiftships was conducted by the victim’s voluntary will, as well as that there was no fact that the part of the body of the Defendant was inserted into the victim’s sexual intercourse.

3. The Defendant stated in the investigative agency and this court that the victim and the victim are memoryed for 15 minutes or 20 minutes of time in the surface of the instant facts charged (hereinafter “the earth surface of this case”) with the victim. The actual Defendant and the victim were at least 12 minutes of time in the earth surface of this case, and the Defendant found the victim at the early stage of the investigation in a sobing soup. After the Defendant discovered the victim from a female-only dedicated surface, the Defendant asserted that he was frying and diving with the top up, and that he did not have any possibility like the facts charged, and that he was easily made with the victim, but that he was made a false statement before.

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