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(영문) 대전지방법원 천안지원 2015.03.11 2014고합273
준강간등
Text

Defendant

A Imprisonment with prison labor for one year, and for two years, each of the defendants B.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Criminal facts

1. Defendant B

A. A. Around 1:00 on September 14, 2014, the Defendant: (a) was raped on the F parking lot located in Dong-gu, Dong-gu, Dong-gu; (b) the victim H (n, 28 years old); (c) was first face with the Defendant’s seat while drinking alcohol together with the Defendant’s seat; and (d) was raped on one occasion by taking advantage of the Defendant’s state of failing to resist and taking advantage of the Defendant’s state of refusal to resist.

B. The defendant is the defendant who has attempted quasi-rape.

After rapeing the victim as in the same paragraph, when considering the sexual relationship with the victim under the influence of alcohol by making a telephone to A, the victim was transferred from the above apartment to the victim from the above apartment to the Lambur 401 located in the same Gu K in Y, and caused A to have sexual intercourse with the victim under the influence of alcohol.

At around 2:40 on September 14, 2014, the Defendant: (a) had the victim under the influence of alcohol do not have sexual intercourse with the victim, taking advantage of that the victim was in a state of failing to resist; (b) had the victim forced the victim to have sexual intercourse with the victim off his/her under the influence of the victim; but (c) caused the victim to have sexual intercourse without having sexual intercourse with the wind, thereby inducing the victim to commit attempted quasi-rape.

2. On September 14, 2014, at around 2:40 on September 14, 2014, Defendant A tried to have sexual intercourse with the victim, taking advantage of the victim’s state of failing to resist, and taking advantage of the victim’s state of failing to resist, but the victim did not have sexual intercourse with the victim’s body following the wind.

Summary of Evidence

No. 1-

A. Facts

1. Defendant B’s partial statement

1. Defendant A’s legal statement and his defense counsel asserted that this part of the sex relationship was established under the agreement with the victim, but all the evidence presented in this part, including Defendant A’s statement, are considered as a whole. In other words, the victim’s sex relationship with Defendant B is entirely memory.

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