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(영문) 서울북부지방법원 2017.01.20 2016고합447
준강간등
Text

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

Reasons

1. The facts charged in this case

A. The Defendant, at around 03:00 on March 1, 2016, discovered the victim W (n, 28 years old) drunk in the vicinity of the V station located in Dongdaemun-gu Seoul, Seoul, to rape, and the victim was born to the taxi, and the Moel located at a time located in the same time as indicated in the former X facts charged, does not constitute the victim’s be the burted telecom.

The accurate location of “Yel” is “Seoul Dongdaemun-gu AC” (Evidence No. 43 pages of evidence). The accurate trade name of “Yel” in “Yel” was “Yel” (Evidence No. 43 page of evidence).

On March 1, 2016, the Defendant, at around 03:18, did not walk any longer and was used on the floor, was towed by 406, leading the victim’s arms, and was under influence of alcohol, used the victim’s panty pande and pande pande pansty, worn off the victim’s pande and pansty, and had sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

B. Around March 1, 2016, the Defendant in violation of the Act on Financial Business Specializing in Fraud and Credit does not take part in a chapter NH credit card (Credit Card No. A) in the name of the mother of the Z, who was in the Yel at the above 406 heading room, around March 1, 2016.

In addition, as such, the above NH credit card was presented to the victim AB for legitimate use, and signed on the sales slips of 60,000 of accommodation charges.

Accordingly, the defendant acquired property benefits by deceiving the victim, and used stolen credit cards.

2. Summary of the defendant's defense;

A. The victim of a impregnative state of personnel in a state of impreging quasi-rape only leads the victimized person to the telecom, and there is no sexual intercourse with the victim.

(b) A defendant who violates the law in financial business specializing in fraud and credit shall not have obtained pecuniary benefits equivalent to lodging expenses.

The use of credit cards was not for the defendant's care, but for the care of the injured party.

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