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(영문) 인천지방법원 2014.11.28 2014고합479

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 February 15:00 on February 26, 2014, the Defendant viewed the exhibition along with the victim D (the age of 24) who was a graduate school at the national art gallery located in Jongno-gu Seoul, Jongno-gu, Seoul. After drinking alcohol with the above victim at the restaurant located in the personnel zone of Jongno-gu Seoul.

While the Defendant, as seen above, while the Defendant was a victim with the victim, she took the breath home, she took a taxi along with the victim, and went to the victim’s house located in Eunpyeong-gu Seoul Metropolitan Government at around 20:00 on the same day, and had sexual intercourse once with the victim under the influence of alcohol at that place.

Accordingly, the Defendant raped the victim by taking advantage of that the victim was unable to resist due to being drunk.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A medical certificate and summary of transactions;

Judgment on the assertion of the defendant and his/her defense counsel regarding the agreement report, text messages dialogue;

1. The summary of the Defendant’s assertion, like the facts stated in the facts constituting the crime in the judgment of the Defendant, was sexual intercourse with the victim at the victim’s home, but the victim did not have the state of failing to resist at the time, and was sexual intercourse under the agreement.

2. Determination:

A. Therefore, when examining whether the Defendant had sexual intercourse with the victim in a state of impossibility to resist under the influence of alcohol, it is admitted as evidence for this purpose. “I am dying from five p.m. to five p.m. after the exhibition with the Defendant, and dying the beer, and the Defendant dying the beer by mixing with the beer and beer.

The next year, around the quality of the drinking house, the two-lanes of the drinking house were dice by ordering the two-lanes of the drinking house and divided into the Defendant, and the two-lanes of the drinking house were dice in the toilet, and at that time, the defendant was dice with the right of the defendant, and there is no memory thereafter.

Since then, the defendant seems to be in the same sense that the defendant forced in the taxi, and 2. The defendant seems to walk the place.