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(영문) 서울중앙지방법원 2016.11.18 2016고합97

준강간

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On July 3, 2015, from around 05:00 to 07:30 on the same day, the Defendant exceeded the panty of the victim F (n, 40 years of age) in Seocho-gu Seoul, who was under the influence of alcohol, and inserted the Defendant’s sexual organ into the panty of the victim F (n, 8 years of age), who was under the influence of alcohol.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Response to the request for appraisal;

1. The Defendant’s text message printed out to the victim, the copy of the text message sent by the Defendant, the copy of the G content sent by the Defendant, and the copy of the G content sent by the Defendant to the victim (the Defendant and the defense counsel had sexual intercourse with the victim at the time and place indicated in the judgment of the Defendant, but the victim did not have any state of refusal at the time. In addition, the victim asserted that the victim did not express his intention of refusal at the time of sexual intercourse, and that the victim had no intention of quasi-rape since the victim’s refusal was immediately interrupted when the victim expressed his intention of refusal during a considerable period prior to sexual intercourse, and the victim’s sexual intercourse was suspended immediately after the victim expressed his intention of refusal. However, the victim, on the day of the instant case, was frightening with the Defendant, was frighten, and the Defendant was sexually committed by the Defendant. However, the victim was no longer able to accept the credibility of the victim’s statement in lieu of the victim’s defense counsel.

1. Criminal facts;