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(영문) 창원지방법원 2020.08.27 2020고합87

준강간등

Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

The defendant is a workplace company of the victim B (n, 23 years of age).

1. Around 18:00 on November 21, 2019, the Defendant: (a) took three team members including the victim and two team members back to the house, and (b) took the body of the victim under the influence of alcohol; (c) on November 22, 2019, the Defendant got the victim into the Kimhae-si Telecom around 01:45.

On November 22, 2019, at around 02:00, the Defendant exceeded the clothes of the victim under the influence of alcohol and had sexual intercourse once with the victim on the following grounds: (a) around 02:00.

Accordingly, the defendant raped the victim by taking advantage of the victim's mental or physical state of difficulty.

2. At around 07:00 on November 22, 2019, the Defendant: (a) placed the victim’s chest in the Mosel on the part of the victim; (b) placed the victim’s chest in his/her inner part without her clothes; (c) placed the victim’s chest in his/her breast part; and (d) prevented the victim’s breast part from driving out; and (d) placed the finger into the part of the victim’s chest.

Accordingly, the defendant forced the victim to act of similarity against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. B the application of the police protocol investigation report (on the spot ctv video images and caps attached), closure photographs, CDs, investigation reports (Evidences submitted by the injured party), three joints photographs, three joints photographs, investigation reports (in relation to the results of the request for appraisal), response to the request for appraisal (electronic appraisal) Acts and subordinate statutes;

1. Relevant Articles 299 and 297 of the Criminal Act concerning the facts constituting an offense and Article 297-2 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis.

1. Article 16(2) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 2 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Jun. 2, 2020)