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(영문) 대구지방법원 서부지원 2018.08.30 2018고합13

준강간

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On October 21, 2017, the Defendant: (a) around the new wall on October 21, 2017, the Defendant, along with the F main points located in the Seogu-gu Incheon Metropolitan City E, was playing together with his friendship G, and had the Victim H (V, 27 years old) and her woman’s friendship I and met with her woman’s friendship I; (b) transferred the Defendant to the “J” restaurant near the place and performed drinking.

The Defendant, without notifying friendly G and the victim of the flusing flusing the drinking place, became aware of the link between the above J restaurant and the flusium located in the same Gu K, approximately approximately 700 meters away from the above J restaurant. After hedging with I, the Defendant got into the above flusium.

At around 05:32 on the same day, the Defendant entered the above Maurter, and he knew that G and the injured person was accommodated in the above 603 Maurter by an influoring method, and the victim was willing to rape the victim by using the influence of alcohol.

Then, from around 05:53 to around 06:18 of the same day, the Defendant saw the victim from around 603 to around 603, who was accommodated by G, and she 502 of the same her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her she

The Defendant, at the guest room No. 502 above, exceeded all the clothes of the victim in a state of imprisonability after drinking alcohol, and had sexual intercourse with the victim once by inserting his sexual organ into his sound part.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of mental and physical loss or non-recoverable condition.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness H and G;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Each police statement made to H and I;

1. Ct v photographs, ctv CDs;

1. Application of the statutes on M details sent by the defendant to G;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Special cases concerning disclosure orders, notification orders, exemption from employment restriction orders, punishment, etc. of sexual crimes;