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(영문) 서울중앙지방법원 2015.04.24 2014고합1229

강간치상

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On April 24, 2014, around 19:30 on April 24, 2014, the Defendant, while drinking alcohol together with the victim E (at 41 years of age) while holding an elementary school meeting at a restaurant located in Jongno-gu Seoul Metropolitan Government, brought the victim who was unable to keep his mind properly under the influence of alcohol at around 01:35 on April 25, 2014 to Gelma 706 in Jongno-gu Seoul Metropolitan Government.

At around 03:00 on the same day, the Defendant: (a) called “I shall have the width so as to do so” on the body of the victim; (b) took one hand to prevent the victim from resisting two descendants; (c) panty, panty, inserted the sexual flag into the body of the victim; and (d) took rape.

Summary of Evidence

1. Statements E in the second protocol of the trial;

1. Statement made by H in the third trial records;

1. An interrogation protocol of the accused by the prosecution (including the E substitute part);

1. Each police interrogation protocol against the accused (including the E substitute part);

1. Application of each police protocol of statement to E;

1. Article 297 of the Criminal Act applicable to the crimes;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Determination as to the assertion of the defendant and his/her defense counsel on the following grounds: 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 notify the personal information of the defendant; 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 [ comprehensively taking account of the defendant's age, occupation, family environment, criminal record, the risk of recidivism, and other various circumstances, such as the benefits and effects expected by the order to disclose or notify the information of this case; and disadvantages and side effects of the order

1. The summary of the assertion is only sexual intercourse with the consent of the victim, and there was no threat or threat to the extent that the victim’s resistance has been forced to resist, and there was no suppression of the victim’s resistance.

the statement of the victim.