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(영문) 서울동부지방법원 2018.06.21 2018고합77

간음약취등

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

1. On March 16, 2018, around 23:50, the Defendant: (a) discovered the victim E (one, half, and twenty years of age) who was drunk in the line D of Seoul subway No. 2 located in Gwangjin-gu Seoul Special Metropolitan City, and who was unable to enjoy the body by drinking in the wall; and (b) written the victim as “Defendant B” in the indictment, but it is obvious that the victim is a clerical error.

In order to engage in sexual intercourse with her motherel, the victim's shoulder was sealed, her stringed, and led the victim to a 308 heading room located in the Seoul Gwangjin-gu Seoul Special Metropolitan City F with approximately 300 meters away from 300 meters.

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

2. From March 16, 2018 to around 23:50 on the following day, the Defendant, from around 04:00 on the following day, she met the chest of the victim in a situation where she is unable to resist by drinking alcohol at the conference as stated in paragraph (1), and met the chest by entering the buck, she met with the buck, macker, buckbuck, etc., and tried to have sexual intercourse by cutting the Defendant’s panty with the victim’s bridge between the victim’s bridge, but the victim was forced to refuse to “we w w w w w w w w w w w w w w w w w w w off.”

Accordingly, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's mental and physical loss or impossibility of resistance.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with respect to E;

1. A criminal investigation report (to attach photographs, etc. to theCCTV images to the scene and attach photographs at the time of discovery);

1. Application of CCTV image data CD-related Acts and subordinate statutes;

1. Article 288(1) of the Criminal Act applicable to the crime (the point of kidnapping sexual intercourse), Articles 300, 299, and 297 of the Criminal Act (the point of attempted quasi-rape) of the same Act;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment shall be limited to the extent that the punishment is aggregated with the long-term punishment of the two crimes prescribed for the attempted 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. An order for disclosure;