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(영문) 서울서부지방법원 2019.10.10 2019고합96
준강간등
Text

1. Defendant A shall be punished by imprisonment for not less than two years and six months;

However, the above sentence shall be executed for four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The relationship between the Defendants and the victims between the Defendant A and the victims, and the victims C (a family name, a female life, 18 years of age) and the victims D (a family name, a female life, 18 years of age) were in common, and the Defendants and the victims first met in E clubs.

The Defendants joined the “E” club located in Mapo-gu Seoul Metropolitan Government F and went to the Mapo-gu G hotel because the victims were drunk and the victims were unable to grow up with their mind after drinking.

2. Defendant A’s crime;

A. A. At around 08:00 on January 28, 2019, the Defendant: (a) discontinuedd the victim under the foregoing “G” hotel H on the part of the victim C, who was breath, on the part of the victim, on the part of the victim, to “one hundred thousand won or less when the victim was blicked,” and the victim’s amblick, and the chest was blicked, and the chest was flicked. However, under the influence of alcohol, the victim’s act was discontinued by refusing the victim’s blick, “Flick, blick, glick, glick,” and the Defendant committed an indecent act by force against the victim who was unable to resist. (b) On the same date and time as the victim’s 10 G g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g s.

In this regard, the defendant is in a state of mental or physical disability or inability to resist, thereby undermining the identity of the charges of sexual intercourse or undermining the defendant's defense right.

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