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(영문) 서울남부지방법원 2013.10.18 2013고합360
아동ㆍ청소년의성보호에관한법률위반(준강간등)
Text

The defendant shall be innocent.

Reasons

1. Around December 2012, the Defendant: (a) introduced “E” through a smartphone dump dumping dump dump dump dump dump dump dump e; (b) promised the victim to talk with the victim on December 13, 2012, while doing hosting and telephone conversations with the female-friendly dump dump dump dump dump dump dump dump dump dump dump dump; and (c) was called “F” to the effect that the victim cannot only

Nevertheless, at around 19:25 of the same day, the Defendant found the victim's walk in the International Station 2 of subway line H located in Mapo-gu Seoul, Seoul, through the history of the same day. The Defendant: (a) laid the victim who was under the influence of alcohol and was seated on the floor of the subway line 2; (b) laid the victim who was unable to walk properly; (c) laid the cab before the said I Station; (d) was on the back of the taxi seat of the victim; and (c) the Defendant was on the part of the subway station located in JJ in Gangseo-gu Seoul Metropolitan City, where the victim was living along the right side of the taxi, and the Defendant continued to put the victim's walk with the view to force indecent acts by force; and (d) was under the influence of the victim's head, and (e) was under the influence of the victim, the Defendant was under the influence of the victim.

Accordingly, the Defendant committed an indecent act against the juvenile victim by taking advantage of the victim's state of impossibility to resist under the influence of alcohol.

2. The defendant asserts that there was no fact that the victim's chest was alone, and that the victim was not in the state of mental or physical disability or failing to resist at the time.

Therefore, it is examined whether the victim was under the influence of alcohol, and whether the victim was in the state of mental or physical disability.

3. Determination

A. The Criminal Code means that the person is not guilty or unable to resist in quasi-indecent act.

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