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(영문) 창원지방법원 2018.07.05 2018고합76

준강간등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

" 2018 Gohap 76"

1. The Defendant violated the Immigration Control Act, even though he/she was able to stay in the Republic of Korea within the scope of his/her sojourn status and the period of stay, on March 21, 2012, entered the Republic of Korea as a non-professional employment (E9-1) qualification and stayed in the Republic of Korea for about three years and one month until April 10, 2018.

2. On April 10, 2018, from around 22:21 to 23:16, the Defendant: (a) Dominatedd the victim D (Gain, Gain, 24 years old) who was under the influence of alcohol during the so-called “in his/her own house” from around 22:21, and from around 23:16, the Defendant had sexual intercourse once with the victim, who was under the influence of alcohol due to his/her own house, she heard and opened a string door, she was unable to her body and lost his/her mind; and (b) she had sexual intercourse once.

As a result, the defendant used the victim's resistance impossible condition and made quasi-rape of the victim.

around 18:40 on January 26, 2018, the Defendant driven a e-child car without obtaining a driver's license from the section of approximately 1 1km to about 2:128, the 162-day Eup, etc. in Yong-gun, Young-gun, the Namnam-gun, the Namnam-gun, etc. to the 162-day 128-day e-car.

Summary of Evidence

" 2018 Gohap 76"

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. A written response to a request for appraisal;

1. On-site photographs and CCTV photographs;

1. Copies of a seizure record and a seizure list;

1. Accusation of an immigration offender at a request of an investigative agency;

1. Investigation report (in relation to the attachment of a gene appraisal document, the victim's resistanceable condition, the time specified for the occurrence of the crime, and the clothes worn by the victim);

1. Domestic investigation reports (referring to the details of receipt of reports and measures, confirmation of the relevant person's identity, etc., verification of the relevant suspect, etc., request for examination of evidence taken from victims, etc., notification of wire and hearing of the results thereof, hearing of the statements of a married couple living in the place adjacent to the suspected person) hereinafter referred to as "2018 Gosa

1. Statement by the defendant in court;

1. The police in relation to G.