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(영문) 의정부지방법원 고양지원 2018.12.11 2018고합178

준강간

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On May 6, 2018, the Defendant met C with usual knowledge in front of the elevator of the first floor of the building in Yongsan-gu, Yongsan-gu, U.S., Seoul. On May 6, 2018, and met C with the victim D (one person, two years of age) who is in the same manner as C, and put C and the victim into the house of the defendant's defendant's family located in the Goyang-gu E apartment Fho-gu, Yongsan-gu, Incheon Metropolitan City.

At around 03:30 the same day, at the defendant's room where the defendant was located in the defendant's house, the defendant was able to take other friendship and drinking prior to drinking of the defendant, defects in which the victim was about to take a stroke in the room in which the defendant was drunk and stroke, and the victim was able to take the stroke in the victim's clothes, and the victim was able to take the stroke out of the victim's clothes by taking the defendant's hand immediately.

Even if the victim was spawn, the victim exceeded her will and panty, and inserted the Defendant’s sexual organ into the part of the victim, thereby having sexual intercourse with the victim’s sexual organ under the influence of alcohol by using the victim’s resistance impossible condition.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a criminal investigation report (in response to national and water appraisal results), investigation report (inform report on the filing of text messages sent by a victim Handphones);

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, to notify, and to restrict employment, and Article 47(1) and Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 49(1), Article 50(1) proviso, and the proviso to Article 56(1) (the instant crime is not an offense against an unspecified victim, but the Defendant is likely to repeat a sexual crime, such as having no same criminal record, without

It is difficult to conclude that the defendant is guilty, and the defendant is guilty and personal information.