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(영문) 대전고등법원 2013.10.16 2013노360
아동ㆍ청소년의성보호에관한법률위반(준강간등)
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for not less than two years and six months.

The defendants are 40 hours each time.

Reasons

1. The summary of the grounds for appeal recognizes the fact that the Defendants had sexual intercourse with each victim as in the facts charged, but the victim did not have a state to resist, but the victim had sexual intercourse under the agreement with the victim, and ② even if the victim was in a state to resist under the influence of alcohol at the time, the Defendants did not have awareness of the victim’s failure to resist, in light of the fact that the victim had awareness of being able to resist, such as the victim’s p

2. Judgment on the grounds for appeal

A. The judgment of the court below also made the same assertion in the court below, and as to this, the court below found the Defendants guilty on all the facts charged, taking into account the following circumstances.

1) Comprehensively taking into account the following circumstances as to whether the victim was in the state of mental or physical disability or non-competence, the victim was in a state in which the victim was unable to take a normal judgment and response to sexual conduct by drinking, and the victim’s credibility in the victim’s statement was acknowledged by taking advantage of the victim’s condition. A) The victim was from the investigative agency to the court of the court below, “(the defendant was aware of the defendant A’s first and the victim’s sexual organ at the time when he was drunk, but he was under the influence of alcohol, but was unable to take the part in his body at all at all,” and “(the defendant A was under the influence of alcohol and sexual intercourse with a small person at the time when he was under the influence of alcohol) and there was no difficulty to resist.”

The above statements by the victim are consistent and in its contents.

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