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(영문) 서울서부지방법원 2015.04.28 2014고합317
준유사강간
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

The request for the attachment order of this case is dismissed.

Reasons

Judgment on facts charged

1. The gist of the facts charged is that the Defendant is a person driving a D taxi.

On February 9, 2014, at around 02:33, the Defendant: (a) moved the victim E (or 25 years of age) to the passenger, and was operated to the house of the victim in Gangnam-gu Seoul, Seoul.

While driving the above taxi, the Defendant reported that the victim was under the influence of alcohol and was locked, and around 03:35 on the same day (after around 03:05 on the same day, at around 03:35, the date of driving the above taxi, the Defendant went the victim into the taxi for about one hour and two minutes in front of Yongsan-gu Seoul Metropolitan Government F apartment 107, and left the taxi for about one hour and two minutes in front of the H convenience store located in the same Gu, and stopped the taxi for about a considerable period of time, and stopped the taxi at the place of stopping and the lower panty of the victim and panty in depth in front of the above apartment 107-dong.

Accordingly, the Defendant committed similar rape by taking advantage of the victim’s non-performance state.

2. The summary of the Defendant’s and his defense counsel’s assertion did not know of the accurate place of conduct, and the victim stopped at I’s place of view while the victim was trying to conduct a Gutone, and the victim was forced to conduct a Gutone, and the victim was prevented from considering the urine from the back seat. However, there was no similar rape in front of the victim’s home.

3. According to the records of this case, the following facts may be acknowledged. A.

On February 9, 2014, the victim completed a meeting with the employees of the company at the Ksing “Ksing” near Gangnam-gu Seoul J on February 9, 2014, and on around 02:33 of the same day, the victim boarded the DNFS si (hereinafter “instant taxi”).

The victim was unable to attend the taxi prior to his day, and the victim did not have much amount of alcohol to get on the taxi of this case while drinking. The victim was 107 am prior to the F apartment in which he resides.

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