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(영문) 인천지방법원 2018.09.21 2018고합206

강간

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On December 27, 2017, the Defendant, using D petc cases installed in a portable phone to the victim C (V, 34 years of age) around December 29, 2017, provided that “round December 29, 2017, at the same time, the Defendant came to gather and gather the victims of the Sewol ferry, which will be held at the plenary new port on January 1, 2018.

“Dispatching a false message.”

The above date, time, place and the victim were met.

On December 30, 2017, at around 00:07, the Defendant, while drinking alcohol with the victim at the restaurant “F” located in the Namdong-gu Incheon Metropolitan City, Namdong-gu, Incheon, the Defendant: (a) placed the victim’s alcohol at a mtroke; and (b) caused the victim to have the victim drink the mixed alcoholic beverage; and (c) prevented the victim from driving the mind by having the victim drink the mixed alcoholic beverage.

On December 30, 2017, around 00:35, the Defendant inserted the Defendant’s sexual organ into the part of the victim’s studio 106 in Yeonsu-gu Incheon Metropolitan City’s residence, where the Defendant was her victim, and from around that time, from around 05:40 on the same day, she did not resist the Defendant’s mind due to the mix of drinking alcohol mixed by the m above m.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. Some statements made to the accused in the police interrogation protocol (excluding each part of which the application for examination as evidence is dismissed because the accused denies the contents thereof);

1. Statement made by the police against C;

1. Photographss taken inside the suspect's house after receipt of the report, photographs taken by the person under his/her own house, and CCTV image data for crime prevention;

1. A request for appraisal or a reply to each request for appraisal (Evidence 12, 14);

1. Data on the restoration of the Internet web story, Samsung Brokeer web story;

1. Details of the use of the A transportation card, prescription, records of the victim's preparation, statements and receipts of the victim, drug control invoice and receipt, strokem, and stroke pharmacy information;

1. Each investigation report (the case of a response to a request for appraisal, the confirmation of the details of the use of suspect transportation cards, and the suspect;