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(영문) 수원지방법원 안산지원 2016.02.19 2015고합288

강간

Text

1. The defendant shall be punished by imprisonment for three years;

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

Reasons

Punishment of the crime

On July 29, 2015, the Defendant: (a) 21:00 around 21:0, and the victim F (the age of 21) who had been known to the Defendant, and had been aware of before 20 years of age, drink and drinking, and (b) the time was delayed, and all drinking houses closed the door, hotel rooms, and drink.

On July 10, 2015, around 06:08, the Defendant, at the hotel 207 hotel located in G at Sinung-si on July 10, 2015, performed alcoholic beverages together with D, E, and the victim, left with only the victim, and became a heading room 203 together with D and E.

Defendant on the same day 08:28 around D and E “I have confirmed who was locked.”

From the perspective of the victim who was in the bend of the way to go off with the head of 207 heading room, the victim's mind to rape, after being on the part of the victim, the victim's entrance and part of the victim's body, the victim resists with the body of the victim, such as the victim's shouldering from the lock, the victim's leging from the bridge, the victim's resistance was divided into the victim's bridge, and the victim's resistance was threatened with the victim's rape once.

Summary of Evidence

1. Partial statement of the defendant;

2. Legal statement of witness F;

3. Statement made by the police with respect to F;

4. Contents of the currency recorded in the CD;

5. Application of each statute of photograph;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

2. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

3. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes Exempted from disclosure and notification order of registered information, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant appears to have committed the instant crime in a dynamic manner by reporting that the victim was under the custody of the victim, while he/she was under the custody of the victim, is likely to have committed the instant crime, and there is no record of punishment for sexual crimes, and the relationship between the Defendant and the victim. In light of the above, if the summary of the registered information of the Defendant is disclosed, information about the victim shall also be examined, or other persons