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(영문) 수원지방법원 안양지원 2017.12.01 2017고합194

준강간등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. Quasi-rape is a space between the Defendant and the victim C (a person who is 22 years of age) and the Defendant came to know when she was frightly in the drinking place on August 21, 2017.

On August 21, 2017, the Defendant: (a) from around 04:47 to around 06:08, at a guest room where the number of “Eel” located in Ansan-si D is unknown; (b) the Defendant, under the influence of alcohol, took the victim, who is in a state of resistance unable to resist, out of the clothes of the victim; and (c) taken off the victim’s body on the part of the victim, and had sexual intercourse with the victim once.

Accordingly, the defendant had sexual intercourse with the victim under the influence of alcohol.

2. Larceny;

A. On August 1, 2017, the Defendant, at a main point where it is impossible to identify the trade name located in the Mayang-si, Annyang-si, the Defendant, along with the Victim F, carried out drinking with the victim F, one resident registration certificate, which was entered in the cardet that was located on the cardet, in which the victim’s surveillance was neglected.

B. On August 21, 2017, the Defendant, at “H” located in Ansan-gu G around the new wall, Ansan-si G, Annyang-gu, Annyang-si, with the victim I, went together with one resident registration certificate owned by the victim, which was located in the victim’s neck inside a type card tag, by taking advantage of the gap where the victim’s surveillance was neglected, while drinking together with the victim I.

Accordingly, the defendant stolen the victim's market price twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C (tentative name), J, and K;

1. A e-mail statement prepared in F;

1. Each protocol of seizure and the list of seizure;

1. Each investigation report (No. 23, 24, 36, 47 No. 53 of the evidence list);

1. Application of Acts and subordinate statutes of each report on internal investigation (No. 6 to 11, 13, and 15, the list of evidence);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 299 and 297 of the Criminal Act concerning the choice of punishment (the point of quasi-rape) and Article 329 of the Criminal Act (the point of intention and the choice of punishment by imprisonment);

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (In addition, the maximum term of each crime as indicated in the holding) of the Aggravation of Concurrent Crimes shall be added.