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(영문) 수원지방법원 안양지원 2018.10.19 2018고합82

준강간치상등

Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

1. The Defendant, around 04:40 on September 17, 2017, had a witness of the victim D (the name, the name, the age of 20) who was sitting on the brea road near Mapo-gu Seoul Metropolitan Government, to have sexual intercourse with him, and had sexual intercourse with him.

The Defendant: (a) boarded a taxi in the vicinity of the instant building by having the victim go to be be engaged in a house, and (b) went to the head of the E building in front of the building in Ansan-gu, Syang-si, Syang-si; (c) 06:05 on the same day, and went to the head of the E building, which is one of his residence.

Accordingly, the defendant inducedd the victim for the purpose of sexual intercourse.

2. On September 17, 2017, the Defendant: (a) after being 06:06 on September 17, 2017, the Defendant: (b) went off the clothes of the victim who was locked under the influence of alcohol; (c) had sexual intercourse by inserting his or her sexual organ into the negative part of the victim; and (d) inserting his or her sexual organ into the negative part of the victim.

As a result, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss, or impossibility of resistance, and thereby, the victim suffered from the victim's injury to the treatment days of treatment, and from the erosty fluent disease of the deceased.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. The legal statement of the witness D;

1. Entry of police seizure records;

1. Each description of a report on internal investigation (to track the victim’s wire), a report on internal investigation (to record CCTV images of the scene of the case), a report on investigation (to submit a written diagnosis of the victim, etc.), a report on investigation (to photograph the seized objects), and a report on investigation (to submit data);

1. Each entry, such as the 112 Report Processing List, each photograph, diagnosis certificate, and certificate of medical records, and the application of video-related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 301, 299 of the Criminal Act concerning the crime and the choice of punishment (the point of causing quasi-rape and the choice of imprisonment with prison labor) and Article 288 (1) of the Criminal Act (the point of inducing sexual intercourse);

1. The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the punishment shall be added up by adding up the long-term punishment for the crimes of injury resulting from quasi-rape heavier than the punishment).