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(영문) 서울중앙지방법원 2017.06.30 2017고합325

준강간

Text

A defendant shall be punished by imprisonment for two years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

In 2012, the Defendant became aware of the Victim D (V, 43 years old) who was a member of the Internet portal site "C" in around 2013 or around 2014 while joining the Internet portal site "C" as a member.

From around 03:00 to around 06:00 on November 6, 2016, the Defendant stated that “A victim made a report at the police at the right of defense against a flagrant offender at least 112 at the time of the occurrence of the case, and at least 6:00, there was injury between 05:30 to 06:00” (Evidence record 43 pages). The Defendant stated that “A victim made an indecent act at the police level to the extent of 5 to 10 minutes, who inserted the sexual organ, and sexual intercourse with 5 to 10 minutes at the age of 5 to 10 minutes, and the victim made a statement to the effect that he would make a report on the shoulder: The Defendant was arrested as a flagrant offender at around 06:20 upon receipt of 112, and the Defendant was arrested as a flagrant offender at around 06:30,000, based on the comprehensive statement of the Defendant’s criminal facts within the scope of 00 to 300,000.

At the studio No. 2 in Gangnam-gu Seoul, "F" in Gangnam-gu, knife the finger with the inside of the victim who was divingd by drinking, and knife the breast, knife the finger, knife the finger by the victim's panty, and knife the finger by the victim's knife, and knife the victim's knee and panty, and sexual intercourse once with the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation (the contents of conversations between witnesses);

1. Genetic analysis and application of Acts and subordinate statutes to a response to a request for appraisal;

1. Criminal facts;