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(영문) 대전지방법원 천안지원 2018.07.18 2018고합58

준강간등

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

1. Around March 18, 2018, the Defendant, along with the victim B (V, 19 years of age), C, and D, who are the same motive as the same university, divided the beer and beer in the vicinity of the F elementary school located in Nam-gu, Nam-gu, Nam-gu, Chungcheongnam-si, and divided the beer and beer into the beer and beer. On March 19, 2018, the following day moved from around 02:30 on March 19, 2018 to the “I” main station located in the same Gu H, and divided the Ma by not later than 04:30 on the same day, and thereafter C, and D, respectively.

At around 05:30 on the same day, the Defendant was working or frightening the victim at the south-gu J building and the defendant's residence in K, Nam-gu, Nam-gu, Nam-gu, and had sexual intercourse by putting the victim out of the lower rank and inserting the victim's sexual organ into the victim's sexual organ by using those in a state where the victim is under the influence of alcohol and diving.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

2. A similar rape on March 19, 2018, at around 09:30, the Defendant taken pictures of the sexual relationship with the width of the Handphone to the victim who was broken at the above Defendant’s residence.

In response to the gender relationship, it is expected that school-friendlys will be able to have written comments and images deleted.

Intimidation to the purport that “the victim was threatened,” and prevented the victim from resisting him by sparing sparing sparely with spare, etc., and then embling the Defendant’s fingers during the victim’s sexual organ, thereby committing similar rape.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B, C, and D;

1. Each police statement made with respect to B or D;

1. A written statement of C and D;

1. Details of dialogue, medical opinion, medical records, and gene appraisal report;

1. Application of CCTV images, field photographs, and CCTV-related 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 (a point of quasi-rape);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the punishment shall be more severe) shall be concurrent crimes with the punishment prescribed for quasi-rape.