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(영문) 부산지방법원 서부지원 2020.01.09 2018고합255

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 a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. The Defendant, at around 24:00 on November 7, 2017, committed indecent acts by compulsion, by force, by force, such as taking the victim’s head and taking the victim’s face in two hands, and taking the victim’s face into consideration the victim’s face in light of the date of birth of the victim, including the victim’s right to know in the record, while drinking alcohol together with the victim’s back to the university, and making the victim’s back water and water storage into the victim’s e, cutting the victim’s chest into the victim’s arms and bucks, taking the victim’s chest into hand, making the victim’s chest into hand and bucks, and moving to the “F” in the vicinity.

2. Around 23:00 on November 16, 2017, the Defendant attended an open academic meeting at the “H” restaurant located in the Busan Y Seo-gu G, Busan (hereinafter “H”) and subsequently discovered that the victim D (hereinafter “20s”) who is a succeeding jury was written in the indictment of 18 years of age, but appears to have been written by mistake in light of the date of birth of the victim, who can be known in the record, was able to be aware of the fact that the victim was drunk and diving, and the victim was deprived of the victim, thereby leaving the center of the victim in the vicinity.

On November 17, 2017, at around 00:30 on November 17, 2017, the Defendant arrived at the victim’s house located in Busan Ma, resulting in an drunkized victim, placed the victim on a sofac in a sofac structure located in the room, placed the victim on board, and she exceeded the victim’s spode and panty, and had sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of J, E,K, L, and M;

1. Statements made by witnesses D and N in the second protocol of the trial;

1. Application of the Kakao Act and subordinate statutes to the report on internal investigation (the monetary content and the Kakao Stockholm investigation) and its accompanying documents;

1. Relevant legal provisions concerning the facts constituting the crime under Article 298 of the Criminal Act, Articles 299 and 297 of the Criminal Act and each of them;