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(영문) 서울중앙지방법원 2015.09.18 2014고합1137

유사강간

Text

The punishment of the accused shall be determined by two years and six months of imprisonment.

Reasons

Punishment of the crime

The defendant is a U.S. military service in the CAMPHRES in Pyeongtaek-si stability.

At around 02:00 on May 3, 2014, the Defendant was off from the “E” room in Yongsan-gu Seoul, Yongsan-gu, Seoul, by taking advantage of the gaps in the victim F (n, 32 years of age) who became aware of being satisd in the same room as the Defendant, and the Defendant was satisd from the victim’s satis, and the Defendant satisddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddd

In addition, it repeateds three times.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the protocol of examination of the accused by the prosecution (excluding the part hearingG statements);

1. Legal statement of witness F;

1. Legal statement of witness G in the first trial record;

1. The police statement of the victim F;

1. A statement and a translation prepared by the victim F;

1. Application of Acts and subordinate statutes to reports on the occurrence of accidents, respective photographs, and reports on internal investigation;

1. Determination as to the assertion by the defendant and his defense counsel under Article 297-2 of the Criminal Code of the relevant criminal facts

1. The alleged defendant is a similar act under the consent or consent of the victim, and there is no assault against the victim.

2. In full view of the following circumstances admitted by each evidence of the judgment, the credibility of the victim’s statement is recognized, and the evidence as seen earlier was added to the victim’s statement that he/she believed as such, the fact that the defendant committed the same crime as the facts stated in the judgment was sufficiently proven without reasonable doubt.

(1) A victim shall make a consistent statement from an investigative agency to this court to the point consistent with the stated in the judgment, and the victim shall also have no direct experience in the process of crime, the situation before and after the crime, and the psychological conditions at the time of the crime.