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(영문) 서울서부지방법원 2016.09.08 2015고합264

준강간

Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 03:00 on March 27, 2015, the Defendant exceeded the panty of the victim E (the age of 30) who was under the influence of alcohol from Gangnam-gu Seoul, Gangnam-gu and Dmoto 308, and inserted the Defendant’s sexual organ into the part of the victim’s quality.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

1. Reasons for conviction of the written expert opinion;

1. The gist of the defendant's and his defense counsel's assertion is only the sexual intercourse with the victim with the victim's consent.

2. Determination

A. According to the evidence duly admitted and investigated by this Court, the following facts are recognized:

① On February 2, 2015, the Defendant and the victim came to know that they received insurance products’ training at home shopping education centers, and sent boomed rice with drinking or drinking alcohol.

② On March 26, 2015, the Defendant and the victim notified of passing an insurance solicitor examination on March 26, 2015, after drinking only one other male student, drinking alcohol by moving the second and third-lanes into the second and third-lanes, and drinking at least three-half of the illness of the week on the same day.

③ Around 11:30 on March 26, 201, the Defendant and the victim were accommodated in the instant telecom. Around 03:00 on March 27, 2016, there was sexual intercourse between the Defendant and the victim, and the victim reported the Defendant to the police on the ground of sexual assault around 03:40 on the same day.

④ Meanwhile, even before the instant case, the Defendant and the victim were accommodated in the telecom on March 24, 2015 and March 26, 2015. At the time, the Defendant attempted to have sexual intercourse with the victim, but did not have sexual intercourse upon the victim’s refusal.

B. In full view of the facts acknowledged as above and the following circumstances acknowledged by the above evidence, it is sufficient to find the Defendant guilty of the charge of quasi-rape of this case.

(1) The injured party, at an investigative agency and a court, shall make no objection at the accounting unit when entering the telecom, where the accused forced him to do so in the telecom.