beta
(영문) 서울남부지방법원 2017.07.13 2017고합234

준강간

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 03:00 on September 18, 2016, the Defendant received communication from the D clubs located in Mapo-gu Seoul Metropolitan Government, for friendship E, and her only drinks.

During that day, E was contacted with F, a man who was playing the Defendant at around 06:00 on the same day, with F, a man who was living together with F, a man, a man who was living together with the Defendant at around 06:0,000, and was in contact with F, a man who was living together with F, and the victim.

The defendant also proposed that he had his consent, and the victim F and F were only the victim.

In addition, the defendant went to the Iel located in Seodaemun-gu Seoul Metropolitan Government with E, F, and the victim, 305 and 306, which listens to the horses that she should catch two rooms, and she started to drink while carrying out games as prescribed in 305, and the victim was able to sit at around 07:40 on the same day under the influence of alcohol, and she continued to sleep as the victim was frightd.

Since then, the Defendant continued to drink by up to 09:00 on the same day as E and F, while E, who had a sense of care for F, f, f, f, f, and f, f, f, and f, f, f, and f, f, f, and f, f, f, and f, f., f., f., and f., f.

The Defendant, regardless of whether he was the victim or was the victim, was faced with the victim, and the victim was able to frightly resist the victim's chest, she was exempted from the victim's lower clothes and clothes, and added the sexual organ into the part of the victim.

Accordingly, the defendant had sexual intercourse with the victim by taking advantage of the victim's potential state under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution and police concerning G and F, respectively;

1. Some of the statements made by the police in relation to E;

1. G statements;

1. Investigation report (verification of CCTVs that have occurred);

1. The application of usb, recording records of the recording by the defendant, gene appraisal records, and CCTV-related Acts and subordinate statutes to the victim.