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(영문) 서울중앙지방법원 2018.07.06 2018고합289

준강간

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant and D become aware of entering the club in Gangnam-gu Seoul Metropolitan Government, and the victim E (the victim, the 20 years old and the 20 years old) and F are friendship.

On March 26, 2017, the Defendant drinked alcoholic beverages at “H” clubs located in Gangnam-gu Seoul on March 26, 2017, such as D, victims, and F, while playing alcohol, and moves to the “J” hotel located in Gangnam-gu Seoul Metropolitan Government I around 10:00 on the same day, and dices alcohol together with the above hotel 706.

The Defendant and D decided to enter into a matrimonial relationship with each other, and the Defendant had a sexual relationship with F from 706 to 606, and D and the victim moved to 606.

While the Defendant was in the above hotel 706 heading room, he had sexual intercourse with D 706 heading room with the victim of 706 heading room in order to have sexual intercourse with the victim by using the fact that the victim was married. The Defendant moved 14:40 on the same day to 606 heading the victim's body who was under the influence of alcohol and was locked with the victim's sexual organ inserted the victim's sexual organ into the victim's sound book.

Accordingly, the defendant has sexual intercourse with a victim who is in an impossible state of resistance.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement protocol by the police for E;

1. Application of each request for appraisal and response to each request for appraisal (the 77,301 page of investigation records);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and an order of notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant has no record of being punished for the same sex offense, and the instant crime alone is an unspecified number of the Defendant.