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(영문) 창원지방법원 진주지원 2017.05.16 2016고합122

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 80 hours.

Reasons

Punishment of the crime

At around 01:50 on September 17, 2016, the Defendant discovered the victim E (n, 24 years of age, hereinafter referred to as “A”), who was expected to engage in the table soften, was drunk at D main points located in Jinju-si, Jinju-si, and detained the victim who was unable to hold his body in order to engage in sexual intercourse with the victim, and was in sexual intercourse once by inserting the victim’s sexual organ into the negative part of the victim, around 01:57 on the same day.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness E;

1. Each police statement made to E (tentative name), H, I, and J;

1. 12 Reports: 112 Reports; requests for appraisal (emergency data), such as a detailed statement of processing sexual assault victims; requests for appraisal (emergency data), investigation reports (referring to the victim's oral phone sales slip attached to the terminal credit card sales slip approved by the victim); requests for an investigation report (referring to attachment to the victim's oral phone sales slip attached to the victim), credit card sales slip; criminal investigation reports (referring to the attachment to such images and photographs); photographs such as site photographs; photographs such as a distance from DNA points to the telecom; criminal investigation reports (in main points, the next direction is attached); printed materials after the Internet; investigation reports (specific hours for each criminal investigation period); requests for search and seizure verification warrant; field photo; requests for identification of identity of the victim at the scene of the crime; requests for an appraisal of the punishment of sexual crimes; requests for an appraisal report; requests for an appraisal report; requests for an appraisal report; reports on the recording of the victim's photograph from DNA points to the telecom; and requests for the victim's photograph and the victim's photograph report;