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(영문) 서울중앙지방법원 2019.02.18 2018고합1023

강간

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The defendant is a person who introduces a voice in a singing room, and the victim B (the victim B) was a person who, from March 24, 2018 to March 24, 2018, performed a singing voice.

around 04:00 on March 28, 2018, the Defendant paid the victim's sing room in Gwanak-gu in Seoul Special Metropolitan City to pay the victim's expenses, and drinks alcohol.

At around 08:00 on the same day, the Defendant sent a singing room employee first, and sent a sing room room room room, and the Defendant continued to drink the remaining alcoholic beverages at around 11:00 on the same day. At around 11:00 on the same day, the victim was able to talk with the victim by drinking alcohol, and is expected to sit in a sofa, and brought the victim’s sing room room in hand under the part of the victim’s singkema.

The Defendant committed an assault, such as: (a) the victim was able to put the victim’s hand, taking the victim’s hand, and making the victim be punished by the victim’s bridge going on the victim’s body; and (b) the victim’s resistance was threatened; and (c) the victim’s sexual intercourse was inserted into the victim’s sexual organ.

Accordingly, the defendant abused and raped the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. The police statement concerning B;

1. Each statement;

1. Recording notes (Woo 1/A) March 28, 2018

1. Application of the Acts and subordinate statutes to the closure of text messages (No. 3 No. 11);

1. Article 297 of the Criminal Act applicable to the crimes;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the same Act, shall be