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(영문) 서울서부지방법원 2014.01.16 2013고합397

강간

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On September 29, 2013, at the main point of “E” located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul on September 21:30, 2013, the Defendant, while drinking alcohol in combination with the victim F (the 22 years of age), had the victim lost his mind of exemption from the number of visitors and had the victim commit rape at a nearby convenience store. The Defendant purchased “non-athro 500” at a stroke-type stroke-type, which contains a stroke-type component of the stroke-type, and put the stroke-type stroke (the stroke-type) into the drinking water bottle.

On the same day, at around 23:55 on the same day, the Defendant got the victim to resist in a state of temporary waters by making the victim wear the above “Tata 500” and let the victim do so, and was raped by having the victim engage in sexual intercourse with the victim around 00:15 and around 05:00 on the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of the police officer with F and H;

1. Each investigation report (in relation to the statement of a telecom employee, the securing of CCTV image data and the preparation of a record of recording);

1. Each request for appraisal;

1. Kakao Stockholm photographs;

1. Application of CCTV Acts and subordinate statutes;

1. Article 297 of the Criminal Act applicable to the facts constituting the crime;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

4. It is true that the Defendant, the Defendant, under the proviso to Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, failed to issue an order to disclose or notify, has committed an offense against the victim, such as having the victim lose the drug containing exempted ingredients in a state of failing to resist, and having sexual intercourse twice, etc.

However, the defendant is the victim's happiness, i.e., late late.