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(영문) 대구지방법원 2018.05.11 2018고합10
준강간
Text

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

Reasons

1. On July 5, 2017, the Defendant, at around 01:00, had sexual intercourse once with the victim’s body, she off the clothes of the victim D (Woo, 19 years of age) under the influence of alcohol, and included the victim’s sexual organ in the victim’s sound book.

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

2. Although there is a fact that the defendant and his defense counsel had sexual intercourse with the victim under the agreement with the victim, there is no sexual intercourse with the victim by taking advantage of the victim's non-competence status.

3. According to the evidence duly admitted and examined by this court, the following facts can be acknowledged.

(1) On July 1, 2017, the aggrieved party went back to E’s life, which is the motive of industrial design department, and became the Defendant for the first time.

Since then, it is the opportunity to send a pro-Japanese photo and to create a F-group or page room, and the defendant and the victim have given and received the F message.

② On July 4, 2017, 2017, the victim sent the Defendant an F message “I wish to drink at present,” and on the same day, at around 21:00, the victim sent the Defendant a studio room of the victim.

③ The Defendant and the victim drink in neighboring H from July 4, 2017 to 23:50.

The Defendant is in the way of drinking with the victim, who is the motive of the victim’s industrial design department, “The Defendant is the fourth of the present moment, and why the victim’s drinking is so good.”

F message sent to the effect that “ was sent.”

④ On July 5, 2017, the Defendant and the victim met part-time by dividing the instant 5 C, “At first as in the instant case,” and followed up to the studio of the victim, which is approximately about 10 minutes away from the alcohol house and Do newsletter. On July 5, 2017, the Defendant and the victim arrived at the victim’s studio.

The victim shall enter a password and make a joint entrance.

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