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(영문) 의정부지방법원 2016.08.10 2016고합75

강간

Text

A defendant shall be punished by imprisonment for two years.

The defendant shall order the completion of the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On August 19, 2015, around 04:40 on August 19, 2015, the Defendant called “D” at a singing point, and called “D” at a singing point, to the victim E (at the age of 18) who was known to singing out, and became the studio of the Defendant at the above sing point.

The Defendant: (a) kidd on the victim’s chest, kid on the stud, and kid on the victim’s chest; (b) kid on the part of the victim; (c) kid on the part of the victim; (d) kid on the part of the victim; (d) kid on the part of the victim’s chest and clothes; and (e) kid on the part of the victim’s back, kid up the victim’s back, kid up the victim’s back, kid up and kid up the victim’s sexual organ by hand; and (e) kid up the victim’s body, the Defendant continued to kid up the victim’s two arms,

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Some of the protocol concerning the examination of the suspect against the defendant;

1. Statement by each prosecutor and police officer concerning E;

1. Determination on the assertion of the victim's photograph and CCTV CDs

1. The fact that a sexual intercourse with the victim was established at the time and place stated in the summary of the facts charged, but it was in accordance with the implied agreement with the victim, and did not go against the intent of the victim.

2. Determination

A. In order to establish the relevant legal principles for the crime of rape, the perpetrator’s assault and intimidation must be such as to make it impossible or considerably difficult for the victim to resist, and whether the assault and intimidation were to make it impossible or considerably difficult for the victim to resist, shall be determined by comprehensively taking into account all the circumstances, including the details and degree of the assault and intimidation in question, the developments leading up to exercising force, the relationship with the victim, the sexual intercourse at the time of sexual intercourse, and the following circumstances (see Supreme Court Decisions 2006Do5979, Jan. 25, 2007; 2010Do9633, Nov. 11, 2010). From an ex post perspective, the victim could have escaped the scene of the crime before sexual intercourse, or the victim could die.