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(영문) 서울동부지방법원 2018.09.14 2018고합144

준강간등

Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be subject to the protection observation for three years from the date of the completion of the above sentence.

Reasons

Criminal facts

On December 18, 2015, the Defendant was sentenced to a fine of KRW 3 million due to an indecent act committed by the Seoul Central District Court at the Seoul Central District Court on December 18, 2015, and a fine of KRW 20 million due to a violation of the Act on the Protection of Children’s Juveniles from Sexual Abuse (voluntary Indecent Act) in the Yongsan-gu District Court on August 18, 2016.

[2] The Defendant was aware of the victim D (a name, leisure, and age 23) who participated in the instant program while participating in a three short-term training program (from December 24, 2017 to January 6, 2018) supervised by B University.

On December 31, 2017, from around 23:30 to around 02:00 on January 1, 2018, the Defendant, along with other students, including the victims who participated in the short-term training program at Denn E hotel, carried out a new commemorative strike, and had other students drink in the Defendant’s room while drinking alcohol, she went to the victim who was frighted and frighted.

At around 02:15 on January 1, 2018, the Defendant had sexual intercourse with the victim by inserting the Defendant’s sexual organ into the part of the victim, i.e., inserting the studio in the part of the victim with knowledge that the Defendant had already been in the room, and making it known to the victim that the Defendant had already been in the room. The Defendant was able to have the victim her sexual organ inserted the Defendant’s sexual organ into the part of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's potential state of resistance while under the influence of alcohol.

[Facts constituting a ground for issuing an order to observe protection] Defendant is likely to recommit a sexual crime against a sex offender.

Summary of Evidence

1. Each legal statement of witness D, G and H;

1. Some statements made against the defendant during the police interrogation protocol;

1. Each investigation report (H) shall be filed.