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(영문) 수원지방법원 성남지원 2014.05.15 2013고합275
준강간
Text

The defendant shall be innocent.

Reasons

1. Around July 25, 2013, at around 21:00 on July 25, 2013, the Defendant was able to combine ten company fees, including the victim C (n, 23 years of age), with the E-cafeteria located in Seongbuk-gu, Sungnam-si.

The defendant completed the first ceremony at a restaurant, and completed the second ceremony at the Fhop in the second cafeteria, and drinks with the victim and the company fees at around 23:00 on the same day.

At around 23:20 on the same day, the Defendant: (a) smoked with the victim while smoking, discovered that the victim was drunk; and (b) moved the victim to the Hmotoel 206 room in Sungnam-gu G in Sungnam-gu.

The Defendant, in the Moel room, she was off from the panty of the victim, who was unable to resist due to alcohol while being able to do so, with the victim’s mind in the toilet and without the mind, and raped by sexual intercourse.

2. The summary of the Defendant’s and the defense counsel’s assertion had sexual intercourse under the agreement with the victim, and the victim was not at all aware of whether the victim was under the influence of alcohol at the time of the instant case and was unable to resist, and the Defendant did not have sexual intercourse by taking advantage of such state of the victim.

3. The victim stated that the amount of usual liquor was 1,000cc spawn, and that the police mixed with beer and beer on the day of the instant case, and that the amount of drinking alcohol is not memory. The prosecutor stated that the victim was dpawn and spawn was mixed with beer and spawn at the first round, and that the victim was not spawnn with the second round of drinking, and that the victim was not spawn with the second round of drinking.

In addition, this Court stated that it is the same as being mixed with beer and beer in the first place, and that it is not a memory for the second round.

As can be seen, the victim has a little amount of drinking, and the victim does not completely memory the process and gender relationship between the court and the investigative agency to the telecom, and the brue that occurs on the part of the victim.

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