Text
Defendant
A Imprisonment for three years and Defendant B shall be punished by a fine of 70,000 won.
Defendant
B does not pay the above fine.
Reasons
Punishment of the crime
1. On September 13, 2015, Defendant A, at the “F restaurant” of Defendant B’s operation, Defendant A, in the city of Ma on September 13, 2015, she was able to take alcohol from the “F restaurant,” along with the victim G (V, 18 years of age) to the fluencing and drinking, and the following seals are affixed to the flucing victim.
9. In order to smoke tobacco around 01:00, the victim’s sexual organ was sexually raped by inserting the victim’s strokes at the victim’s home and between the victim’s house and the victim’s house located in Macheon-si located in the victim’s home. As a result, under the influence of alcohol, the victim’s strokes at the victim’s strokes at the victim’s strokes and pantys at the victim’s strokes, and then inserting the Defendant’s sexual organ into the victim’s sound book.
2. Although Defendant B was prohibited from selling or providing harmful drugs, etc. to juveniles free of charge, the Defendant sold eight alcoholic beverages, which are harmful drugs, to the juvenile, at the cafeteria-si EF restaurant, a general restaurant that he operated on September 13, 2015, at around 23:29, the Defendant sold to Defendant A (18 years of age), G (18 years of age), and J (18 years of age) eight alcoholic beverages.
Summary of Evidence
1. The legal statements of Defendant B and some of Defendant A’s legal statements
1. The witness G’s legal statement, the witness K’s legal statement, or the defense counsel’s opportunity to state his/her opinion after the examination of the witness was completed, may be used as evidence of guilt as evidence;
1. Statement made by the police and prosecutor with regard to G;
1. Statement by the police concerning L;
1. Judgment on Defendant A’s assertion of a report on the control of a public morals place, and a reply to a request for appraisal
1. The Defendant asserts that at the time of the instant case, the victimized person was not in a state of resistance, and that he had sexual intercourse under the agreement with the injured person.
2. Determination
A. Article 299 of the Criminal Act provides that a person who has sexual intercourse or indecent act by taking advantage of a person’s mental or physical loss or incompetence status shall be rape or forced indecent act under Articles 297 and 298 of the Criminal Act.