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(영문) 수원지방법원 안양지원 2017.06.30 2017고합37

강간

Text

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

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

Reasons

Punishment of the crime

On January 30, 2017, the Defendant got a skiing ground in Gangwon-do on January 30, 2017, while the Defendant had a sense of care in his/her usual club to Ski ground, C, such as the victim D (at the age of 37).

The defendant and the victim drinking alcohol in the course and in the frequency of the military prisoner suffering from skiing, and the victim did not drink so under the influence of alcohol, and the defendant and C went to the house of 10 dong 108 dong 10 and 108 of the military apartment house in the vicinity of the frequency of the victim, and the victim sleeped in the above house, and the defendant and C sleepd the alcohol in the house, and the defendant sleepd in the house, and C sleepd in the inside of the house.

On January 31, 2017, the Defendant, at a small room above 00:00 on January 31, 2017, tried to commit rape by reporting that the victim was locked and locked.

The defendant, after entering a small room, frighten the victim's chest and broding, frightened the victim's chest, and frightened the victim's sound, and frightened the victim's sexual intercourse with the victim's sexual organ inserted the victim's sexual organ into the victim's sound.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and C;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Each investigation report (No. 5 and 6 No. 5 of the evidence list);

1. Application of Acts and subordinate statutes to report internal death (g dialogue exchanged between a victim and a suspect after committing a crime);

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

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 an order to disclose or a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a sex crime committed against a criminal defendant);