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(영문) 광주지방법원 2013.09.26 2013고합125

강간상해등

Text

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

The defendant shall be ordered to complete 120 hours of sexual assault treatment programs.

Reasons

Criminal facts

1. The Defendant, from around 18:00 on December 4, 2012 to around 01:00 on December 5, 2012, from around 18:00 to around 01:0 on December 5, 2012, performed drinking together with the victim C (n, 24 years of age, distance from university), D (child) and the victim was deprived of the spirit of drinking, along with D (child), was able to take the victim into a burging line under “Fel” 102 located in Seo-gu, Gwangju. D immediately left the burg.

At around 02:00 on December 5, 2012, the Defendant exceeded the clothes of the victim who was under influence of alcohol, and inserted the Defendant’s sexual flag into the negative part of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

2. The Defendant attempted to rape the victim who lost his mind after the above sexual intercourse with the victim, who was sexually deprived of, around 06:00 on December 5, 2012, tried to embling the victim’s chest and to embling the victim’s body.

Accordingly, the victim resisted against the victim and did not set a bridge, and the defendant met the victim's bridge and body by drinking.

As a result, the Defendant attempted to rape the victim by suppressing the victim's resistance, but did not bring the victim's strong resistance, but did not bring the victim's intention to commit the attempted crime, and had the victim receive approximately two weeks medical treatment in the process.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Each police statement of D or G;

1. A report on investigation (No. 7 No. 5 of the evidence list), a response to a request for appraisal;

1. A photograph of the damaged scene and a photo of the damaged part;

1. A medical certificate;

1. Determination as to the Defendant and defense counsel’s assertion on the receipt of the 112 Criminal Report

1. The gist of the argument is that the defendant only has sexual intercourse once with the victim, and has sexual intercourse with the victim who is not able to resist, or has inflicted bodily injury in the course of rape.

2. The following facts, which can be known through each evidence adopted and examined by this Court, are recognized or applicable: