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(영문) 의정부지방법원 고양지원 2019.06.04 2019고합17

준강간

Text

A defendant shall be punished by imprisonment for three years.

To order the defendant to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

Around 00:40 on October 12, 2018, the Defendant got off the victim’s lower part by taking advantage of the state where the victim, who is under the influence of his body under the influence of alcohol, was under the influence of alcohol, and was in sexual intercourse once by inserting the victim’s sexual organ into the victim’s sexual organ into the victim’s sexual organ. < Amended by Presidential Decree No. 2424, Oct. 12, 2018>

Accordingly, the defendant has sexual intercourse with the victim under the influence of alcohol.

Summary of Evidence

Witness

D’s legal statement E and F’s written statement of statement concerning each of the legal statements D, each criminal investigation report (hereinafter referred to as the order 3, 6, 9, 10, 12, 13, 18, 24, and 25) and B hotel CCTV video CDs, victim and victim’s voice recording file diagnosis, which are applicable to the criminal facts of the Act and subordinate statutes, Articles 299 and 297 of the relevant Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes under Article 16(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Articles 47(1) and 49(1), the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under Article 297 of the Act on Special Cases Concerning the Protection of Children and Juveniles against Sexual Abuse, each of which is likely to be committed against the victim.

1. The gist of the defendant's defense counsel's assertion is that the victim entered a hotel with the defendant and was memorying most of the work in the hotel room, and the hotel staff is also the victim.