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(영문) 수원지방법원 안산지원 2019.06.26 2018고합299 (1)

준유사강간

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The Defendant, around September 10, 2017, in the “C” located on the member B and the first underground floor of Ansan-si, the Defendant: (a) performed drinking together with the first victim D (name, leisure, 20 years old); and (b) did not properly overcoming the body of the victim by drinking the victim; (c) had the intent to drink the victim and have sexual intercourse with the victim.

At around 05:00 on the same day, the Defendant: (a) laid the victim into a member Emburine in Ansan-si, Ansan-si; (b) laid her fingers into the victim’s inner part that was locked under the influence of alcohol; (c) her chests several times; and (d) her fingers off her fingers and her fingers off from the victim’s sound bill of indictment.”

The victim stated in the police investigation that "the defendant laid down his finger in the victim's sound and resistance." However, the prosecutor made a statement in the prosecutor's investigation only to the effect that "the defendant laid down his fingers in the sound book," and it is unclear whether the defendant puts his fingers into the port of resistance, and the defendant did not contain his fingers in the victim's resistance.

Even if this part is deleted from the facts constituting an offense, it does not harm the identity of the facts charged, and there is no concern that the defendant's exercise of his/her right to defense may be a substantial disadvantage, so the facts constituting an offense shall

In addition, it was shaking into the Republic of Korea.

Accordingly, the Defendant committed similar rape by taking advantage of the victim’s mental or physical state of difficulty.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Each police statement made to F, G, and H;

1. An investigation report (Attachment of the details of closures after I conversations);

1. Each gene appraisal report;

1. Application of the Act and subordinate statutes to the photograph of the case (CCTV image data)

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;