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(영문) 서울중앙지방법원 2017.11.03 2017고합671

준강간

Text

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

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

To the extent that it does not disadvantage the defendant's defense right, some of the facts charged in the indictment were corrected according to the facts obtained through the examination of evidence without the amendment process.

around December 24, 2016, the Defendant introduced the victim I (n, 29 years of age) from the female-child branch of the workplace, and had the victim sexual intercourse with the victim in a situation where he is unable to resist because he was able to sleep together with the ship of the workplace, his female-child group, and the victim after drinking together with the victim at the seat of "K" branch located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, with the boarding of the above workplace, and the victim will take the victim's house of the drunk-child group. On the same day, around 23:13 of the same day, the Defendant got the victim in the taxi as "Mel" 203 in Dongjak-gu Seoul Metropolitan Government L, and was able to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and N;

1. Complaint;

1. Details ofO letters (Evidence Nos. 9) exchanged between a victim and N, and details of settlement of suspect cards;

1. Images contained in the CCTV CDs and photographs by capturing the CCTV images;

1. Written opinions of the victim and his/her father, the result of the response to the request for appraisal (whether the sperm is detected in the body of the victim, etc. and DNA analysis), and the response to the request for appraisal;

1. Application of Acts and subordinate statutes to each investigation report (specific suspect, the result of the examination of the suspect's oral cells, the examination by the Seoul Science Investigation and Investigation Research Institute's health research institute's P currency, the verification of CCTV screen images, the hearing of witness Nphones, and the confirmation of the contents of O between the victim and N);

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

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; the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;