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(영문) 수원지방법원 2014.11.11 2014고합280

준강간

Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On April 7, 2014, around 19:50, the Defendant continued to drink “D” in the drinking house called “D” located in Suwon City, with members of the Internet Gafe, including victims E (the age of 28), and drink with “F”.

The Defendant, while drinking alcohol at the above G singing room, she would drinked a victim under the influence of alcohol while drinking in the taxi, went to the Ielel located in H in the area of Suwon-si where he was drunk in the taxi.

At around 23:00 on April 7, 2014, the Defendant: (a) lost the spirit of alcohol in Suwon-si H Iel 503 located in Suwon-si; (b) went off the victim who was unable to resist due to sleep, and was forced to have sexual intercourse one time with the victim, who was forced to have sexual intercourse.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of two Acts and subordinate statutes to the CCTV CDs;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Determination on the assertion by the accused and defense counsel under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. The gist of the assertion was that the victim E was lying on the part of the victim E on the wall, was off the lower part, and tried to have a sexual intercourse with the victim’s body. However, the victim was not able to have a sexual sponsed on the bridge, such as the victim’s physical size and the sponsing on the bridge, and did not reach an attempted sponsing on the wind.

2. The following circumstances acknowledged by the evidence duly adopted and examined by this Court: ① The victim consistently stated the facts of the crime that the Defendant inserted his sexual organ from the investigation agency to the investigation agency to the present court, the content of his response, the circumstances before and after the crime, and it is difficult to find any motive or reason to make a false statement; ② the Defendant and the victim’s investigation agency.