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(영문) 춘천지방법원 2015.01.16 2014고합40

강간등

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

1. On August 2012, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion) committed a violation of Article 308 of the Act on the Protection of Children and Juveniles against Sexual Abuse, when he/she refused the Defendant’s proposal that the victim is a person who was on the part of his/her own while drinking alcohol with the victim E (in women, 18 years of age) at Chuncheon City around 23:00, he/she forced the victim to leave the victim on his/her beds.

Accordingly, the defendant committed indecent acts by force against the juvenile victim.

2. Around 05:00 on June 21, 2013, the Defendant: (a) was able to see the victim’s mind while drinking alcohol with the victim E in Chuncheon-si; (b) was placed on the part of the victim’s body; (c) took off the victim’s resistance; (d) forced the victim’s sexual organ; and (e) forced the victim to take the victim’s sexual organ back; and (e) forced the victim’s chest into the victim’s chest and forced the victim to take the part; and (e) inserted the victim’s sexual organ into the part of the victim’s sound.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Legal statement of witness E;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement to E by the police;

1. The defendant and his defense counsel asserted that even though they had been placed at the time and place indicated in Paragraph 1 of the decision of the defendant, they did not forcedly use the victim.

However, at the same time from the police investigation to this court, the victim consistently made it difficult for the defendant to sit in the house with the defect that the victim would sit in the house, sleep, and again, the defendant stated that the victim was sleeped by stating that he was slicked by slick and slicked by slicking the victim, and that he was slicked by slicking down on the bed and on the side of the victim, whichever is credibility in the statement. Since then, the defendant slick, slick, slick, slick, and slicked by slick, moving the victim from Drick to the door of the dam near the slick.