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(영문) 서울서부지방법원 2018.08.23 2018고합80

준강간등

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

Defendant

In addition, the person against whom the attachment order was requested (hereinafter referred to as the "defendant") is the victim B (n, 20 years of age), the victim C (n, 22 years of age) and the "24 years of age" as stated in the indictment appears to be a clerical error.

It is a space between the two points of "E" in the vicinity of Mapo-gu Seoul Metropolitan Government D and the point of "E" and the point of knowledge.

1. Quasi-rape on January 28, 2018, the Defendant: (a) at an influence room in the lake of “Gel” located in Mapo-gu Seoul Metropolitan Government F on January 28, 2018, the Defendant: (b) had the victim under the influence of alcohol with H, who drinked alcohol together with the victim B, C, and the main store store; (c) had the victim sexual intercourse by taking advantage of the victim’s influence status.

The Defendant, under the influence of alcohol by entering the side where the victim suffers from drinking and drinking, she exceeded the victim's her part, and inserted his/her sexual organ into the part of the victim's sound.

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

2. A quasi-Rape Defendant completed the crime of the above 15:00 on the same day, and entered a guest room with the victim C, which has a day H, and entered the victim’s back to the bed part of the victim who was diving, followed by leakage in the bed, followed by the victim’s sound and resistance, etc., and included the victim’s fingers in the bed part of the victim’s sexual intercourse by taking advantage of the victim’s resistance impossible condition.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B and C;

1. Application of each I dialogue (Evidence Nos. 9, 13) statute;

1. Relevant Articles 299, 297, and 299 and 297-2 of the Criminal Act (a point of quasi-rape) concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed by the crime of quasi-rape with heavier punishment);

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 or a notification order, and children and juveniles.