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(영문) 전주지방법원 2015.11.12 2015고합141

유사강간

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 1, 2015, at around 02:00, the Defendant d(n, 21 years of age), who was aware of drinking in the same drinking place with the introduction of a man, became aware of the victim D(n, 21 years of age), was unable to properly hold the body under the influence of alcohol, and the Defendant d(n, e.g., the victim’s house of the victim’s room E head-gu, 302 in the previous week.

The Defendant, while under the influence of alcohol, went into the victim’s house, and tried to fit himself with the victim “I am in person” and “I am in person, I am off the victim’s house even though I am in person, I am off the victim’s house and forced the victim to go off, and attempted to have sexual intercourse with the victim’s body, but the victim tried to come back with the victim’s cell phone with his cell phone while I am in person.

The Defendant continued to deprive the victim of his cell phone cited by the victim, cut the victim's cell phone into a scam with the scam, cut the victim with the scam, cut the scam with the scam of the victim's body, and threatened the victim's elbow with the victim's elbow scambow, cut the chest part of the victim's chest, cut the victim's chest by hand, and cut the victim's scam by hand, and put the victim's sexual organ into the victim's sexual organ within the mouth of the victim's mouth.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Reports of internal investigation (including particulars concerning acceptance of flagrant offenders, etc. at the time of withdrawal), and reports of internal investigation (related to reports by victims, etc.);

1. Requests for appraisal, reports on 112, reports on handling of cases, text messages;

1. Application of Acts and subordinate statutes to each photograph (field photograph, victim's upper part photograph, victim's residence photograph, studio-1st floor CCTV photograph, elevator CCTV inside photograph);

1. Criminal facts;