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(영문) 부산지방법원 동부지원 2015.02.06 2014고합172
준강간미수
Text

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

Reasons

1. On September 2013, the Defendant and the Victim C (V, the age of 22) came to know in the process of working together with employees from E located in Busan Jin-gu, Busan, as an employee.

On April 2, 2014, at around 21:00, the Defendant her drinking alcohol to the victim and contacted the victim by telephone, and followed the victim’s drinking at the drinking house located in Busan or Busan, and at the singing room located in Busan, the Defendant her drinking to the victim, and the victim was unable to talk with the victim’s body by drinking. On April 3, 2014, around 01:00, the Defendant her drinking to the “G” DVD bank located in Busan, Nam-gu.

In the above VD room No. 15 (hereinafter “instant VD room”), the Defendant: (a) had the victim under the influence of alcohol, using a state in which awareness of being able to report it to the victim; (b) had the victim’s chest on his body; (c) had the victim’s chest, her chest, her finger, her finger, her finger, her finger into the victim’s panty; (d) had the victim off, her part, her part, her part, her part, her part, her part, her part, her part, her part, her part, her part, her part, her part, her part, her part, her part, and her part, her part, her part, her part, and her part, her part, she s

Accordingly, the defendant attempted to have sexual intercourse with the victim by taking advantage of the victim's mental or physical condition of non-fluence or non-fluence.

2. The summary of the Defendant’s and the defense counsel’s assertion was only taken as stated in the facts charged, and the Defendant did not have any condition of mental or physical disability or non-performance of obligation, and there is no fact that the Defendant attempted to engage in sexual intercourse

3. Determination

A. The defendant made a statement to the effect that he was aware of the victim's chest at the time of the crime of this case, because the defendant had a recording containing the contents of conversation with the victim and H. In light of the above, there is some doubt as to whether the defendant did not conceal the attempted quasi-rape of this case even though the defendant committed the crime of this case.

(b) related;

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