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(영문) 의정부지방법원 2018.08.03 2018고합125

강간

Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

From July 6, 2017 01:00 to 02:00, the Defendant sent a c'C' room of Mourine lake B, with the victim D (n, 19 years of age), E, F, and G, with the mind that the Defendant would rape the victim while drinking alcohol together.

According to the statements, recording records, etc. of the victim, the defendant, who was off and locked from his clothes under the influence of alcohol, it is recognized that the victim was locked by himself.

Although the victim resisted against the Defendant’s body by shouldering the Defendant’s body with a hacker, etc., while drinking the victim’s chest, the victim had sexual intercourse with the victim by putting his arms above the victim’s body, putting them up on the part of the victim, forced the victim’s bridge to be sloping, using the bridge, and forced the victim’s resistance, thereby suppressing the victim’s resistance.

The defendant continued to face the victim's body and the evidence submitted by the prosecutor alone after the defendant suffered the victim's body.

Welves

It is insufficient to recognize the fact that “the fact was stated,” and there is no other evidence to acknowledge it.

In order to make the victim prompt, the victim exceeded the will of the victim of the defect in order to enter the defendant's fast, cut the victim's breath, cut the breath, then fasted the victim into the victim's body, and re-sexual intercourse with another victim who was on the part of the victim's body.

Accordingly, the defendant raped the victim by assault.

Summary of Evidence

1. Each legal statement of D or F;

1. Each police statement made to D or F;

1. A complaint prepared by D;

1. The application of statutes governing text messages, H dialogue content, each recording book, each H Messenger content, recording record, and recording record

1. Article 297 of the Criminal Act applicable to the facts constituting an offense;

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders.