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(영문) 인천지방법원 2019.09.27 2019고합550

준강간등

Text

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

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

Reasons

Punishment of the crime

1. A quasi-indecent act by compulsion on July 19, 2019, at the bus stops “C” located in Kimpo-si B, Kimpo-si, Kimpo-si, Kimpo-si on July 23:30, 2019, the Defendant: (a) discovered the victim D (name, leisure, age 21) who is under the influence of alcohol, and accessed the victim to “to move in the house”; and (b) took the victim into account at the head of the E-Moer (XG) car operated by the Defendant.

In addition, around 00:23 on July 20, 2019, the bill of indictment under the influence of alcohol while driving the said vehicle at the G in the F of Incheon, stating that “the Defendant was under the influence of alcohol.” However, according to the police statement of the victim D, according to the police statement of the victim D, when the victim was under the influence of alcohol in the Defendant’s vehicle, and the victim was under the influence of alcohol, he was found to have only the victim’s chest, and even if this part of the charge is corrected as above, it is deemed that the Defendant’s chest was under the influence of alcohol in the Defendant’s vehicle, and even if this part of the charge is corrected as above, it would not cause any substantial disadvantage to the Defendant’s exercise of the Defendant’s right to defense. Thus, it

Based on the victim's failure to resist, the victim committed indecent act by taking care of the victim's chest as his/her hand.

2. Around 00:30 on July 20, 2019, the Defendant: (a) parked the car as specified in paragraph (1) in front of the Incheon Strengthening Military Hambre; (b) moved to the chief Hamb to the victim’s will behind the victim; (c) retired the victim’s clothes by taking advantage of the victim’s state of difficulty to resist, taking advantage of the victim’s desire to resist; and (d) injected the victim’s sexual organ into the victim’s sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. A simple statement made in victim D;

1. Each investigation report (including attachment of photographs, the route of movement of suspects, etc., and hearing statements from victims);

1. Application of the Acts and subordinate statutes governing CCTV images taken I;

1. Relevant legal provisions concerning facts constituting an offense and Articles 299, 298, and 298 of the Criminal Act that choose the penalty, and Articles 299 and 297 of the Criminal Act.