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(영문) 인천지방법원 2020.11.27 2020고합216

준강간

Text

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

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

Reasons

Punishment of the crime

The defendant and the victim B (the age of 23) are the first space between Bolargs in the Republic of Korea and the Republic of Korea.

At around 01:00 on October 14, 2019, the Defendant, while playing together with Company Fee D, E, etc. at a “C” club located in the Philippines, continued to drink with the victim and the victim’s friendship F. On the same day, at around 04:00, the Defendant and the Defendant had been staying in the same line with G, Borc day Island, Malday Island, ealday, 5608 Akl Bank, and thereafter, the Defendant had been staying in the same line with the victim’s friendship. After then, the victim, who was under the influence of alcohol, was locked first from the kitchen located in the above cooking line, and E, who was the Defendant’s working in the same line, was locked from the victim’s friendship to the victim’s friendship. By the last day, the Defendant and the victim’s f.D.

On October 14, 2019, from around 06:00 to 07:00 on the same day, the Defendant used a cresh in which the Defendant scam under the influence of alcohol all, and added the Defendant’s scam to the part of the drinking part of the victim’s scam, which the victim locked after the victim’s scam.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or impossible condition.

Summary of Evidence

Part of Defendant’s Court Statement

Witness

B Of the prosecutor's office and police interrogation protocol against the defendant in each of the F's respective legal statements B and F, each of the investigation reports filed by the police's prosecutor's offices and police interrogation protocol of the defendant (the contents of clothes, clubs and hotel guidance attached to the defendant at the time of the case, witness D, E inf language, witness F inf language), recording F divided by the defendant, a Kakao Kakao Kakao Stockholm conversation which was divided by the defendant, a photograph, a photograph, a photo of the clothes in which the victim was placed at the time of the attachment, a photograph taken by the defendant and the victim, and the application of the law of the content of the Kakao Stockholm conversation

1. Criminal facts;