Defendant

Completion-in-court (prosecution), new training (public trial)

Law Firm International Law Firm, Attorney Han Won-woo

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

The defendant shall be ordered to take a lecture for sexual assault treatment for 40 hours.

Information on the accused shall be disclosed through an information and communications network for three years, and information on the notice shall be notified for three years.

The Defendant is a blood breeding and associate professor in the △△ University Hospital Hospital in △△△△△, and the victim Nonindicted 4, as a medical college blood cultivating and clinical assistant professor in the medical college of △△ University Hospital, became aware of in the course of mutual business exchanges, and three persons, together with Nonindicted 1, who attended the European Cancer Association held in Sweden from September 23, 201 to September 27, 201, were accompanied by three persons.

The Defendant dices alcohol together with the victim and Nonindicted Party 1 at the Defendant’s accommodation located in Sweden Sweden from around 23:30 on September 25, 201 to around 02:00 on September 26, 2011, at the Defendant’s hotel located in Sweden Sweden from around 23:30 on the same month.

At around 02:00 to 04:00 on September 26, 201, the Defendant, at the above hotel (No. 2 omitted) room of the victim’s accommodation, around 02:0 on September 26, 201, the Defendant: (a) laid down the victim’s mind under the influence of alcohol; (b) laid the victim into the room with the victim; (c) took the victim’s boom and panty with the victim; and (d) went off the victim’s fright and panty with the victim’s fright; and (b) got sexual intercourse once with the victim who was under the influence of alcohol; and (c) suffered injury, such as the flusium and stress disorder after credit with which the victim cannot know the number of days of treatment.

1. Partial statement of the defendant;

1. Each legal statement of the witness, Nonindicted 4 and Nonindicted 2

1. Each police interrogation protocol against the accused;

1. The written statement of the defendant;

1. Each investigation report (Attachment, such as the wearing, photographing, photograph, etc. of the victim, attachment of medical opinion and record notes, attachment of letters sent by the victim to the witness, attachment of Nonindicted 2 currency details, attachment of Sweden reply data, and translation data, attachment of medical certificate, etc.);

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 301 and 299 (Selection of Imprisonment for Imprisonment with Labor)

1. Discretionary mitigation;

Articles 53 and 55 (1) 3 of the Criminal Act (The following circumstances considered as favorable to the reasons for sentencing)

1. Order to attend lectures;

Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. An order for disclosure and notification;

Articles 37(1)1 and (3), and 41(1)1 and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Summary of the assertion

The defendant has a sex relationship with the victim, but at the time, the victim was drunk and was not in the state of failing to resist.

2. Determination

A. According to each of the evidence of this case, the following circumstances are recognized.

1) From the investigation of Sweden local police immediately after the instant case to this court, the victim consistently stated, “I am memory with the Defendant, etc. up to the time of the strike of alcohol, etc.,” and “I am swe am swe swe am swe am swe am swe swe am swe am swe swe swe am swe swe swe swe am swe swe swe swe s we am, and the Defendant was swe am swe swe swe swe swe swe s we swe s we swe s we s we s we s we s we s we s we s we s we s we s we s we s we s we s we s we s we s we s we s we s we s we s we s we s we s we s we s we s we s we am

The defendant asserts that it is difficult to view that the victim was in a state of loss of consciousness in light of the victim's relatively detailed statement about the situation at the time of sexual intercourse. However, the victim's memory related to sexual intercourse itself is very pure and simple (it is likely that the victim was aware of put in put in place or put in place, or taking charge of breast in place) and its contents are not clear.

2) 피고인 측은 당시 피해자가 평소 주량에 미치지 못하는 술을 마신 데 불과하다고 주장하나, 이 사건 범행 무렵의 피해자의 상태와 관련하여, ① 피고인 스스로도 경찰에서 ‘당시 피해자가 술에 취해 잘 걷지를 못해 자신이 피해자의 팔을 잡고 부축하여 피해자의 방까지 데리고 가 침대에 눕혀두고 나오려고 하였다’고 진술한 바 있고(증거기록 82면), 피고인이 스톡홀름 알란다 공항에서 피해자와 나눈 대화에서도 ‘그때 상황이 제대로 걷지를 못하더라고, 나갈 때...’라고 말하기도 한 주3) 점 (증거기록 68면), ② 당시 피해자는 빡빡한 학회 및 여행 일정으로 인하여 피로가 많이 누적된 상태에서 새벽까지 술을 마신 것으로 보이는데, 피해자는 그 전날 저녁식사 자리에서 적지 않은 양의 보드카를 마신 듯 하고, 피고인의 방에서 있었던 술자리에서도 오렌지 주스를 섞은 40° 짜리 보드카를 3~4잔 가량 마신 것으로 보이는 점, ③ 술자리가 끝날 무렵, 피해자가 테이블 위에 있던 음식과 술잔 등을 정리하였다고 하더라도 주4) , 앞서 본 바와 같이 잠시 후 취기가 오른 피해자가 피고인의 객실을 나와 호텔 2층으로 이동하는 사이에 잠이 드는 것이 얼마든지 가능하다고 보이는 점 주5) , ④ 신고 직후 ○○호텔에 도착하여 피해자를 조사한 스웨덴 경찰이 작성한 조사서(증거기록 259면, 이 사건 범행으로부터 얼마 지나지 아니한 범행당일 새벽 ○○호텔 및 병원에서 조사가 이루어진 것으로 보인다)에는 당시 경찰이 질문을 하는 동안에도 피해자는 매우 취한 상태였다고 기록되어 있는 점 등에 비추어 피고인의 위 주장은 받아들이기 어렵다.

In this regard, if the victim lost the mind of alcohol, the defendant's side is already in the situation where the non-indicted 1 had already returned to his guest room, and there is no reason to leave the victim's sexual intercourse with the victim in his own guest room to the guest room of the victim on the second floor. However, even according to the defendant's statement, it seems that the victim does not lose his awareness in his own room, and it is a matter that may arise only when the defendant's criminal defendant's criminal intent has reached the victim's room.

3) In addition, Defendant’s side is sufficiently compatible with the victim’s statement that there was no particular credit on the part of the victim except for masts, and that it was not easy for the victim to be off without the victim’s cooperation, which was worn by the victim, with the victim’s implied consent. However, this circumstance seems to be sufficiently compatible with the victim’s statement that “the victim was in a state of loss of the mind at the time of the instant case, and that even if the victim got out of the spirit of a motor vehicle due to severe pain, it was impossible for the victim to get out of the mind of a motor vehicle.”

4) Furthermore, the victim’s series of actions and measures taken by the victim getting a mind, namely, ① First, he was off his own will and panty, and sent text messages to two officers of the hospital where the victim works in the game as he was asked for the skin and floor, etc., ② The reaction of the above ship is “to return back to the baby,” and the above ship sent text messages to Nonindicted 2, who had been aware of the aforementioned accident, so it is so far as the reaction of the above ship was “to return to the baby,” ③ Nonindicted 2 sent text messages to the same effect as that of the victim, ③ Nonindicted 2 followed Nonindicted 2’s damage caused by the phone, and Nonindicted 2 requested for a report to the police immediately from the hotel so that the victim was reported to the police, and the time of sexual assault is extremely normal (the victim’s report to the victim’s spirit is unknown and the victim’s report to the police is requested during one hour).

5) In addition, the defendant's side has a common sense and distance to say that the victim, who was under the influence of alcohol, lost his mind by drinking only two hours, was in call with Non-Indicted 2, and was engaged in actions such as reporting to the police through hotel liftss, etc. However, even if the victim was under the influence of alcohol, even if the victim lost his mind, he was out of his shoulder or her lower will while he was off, and the victim was under the influence of alcohol (as seen below, until that time the victim maintained her wife) and took measures to the above extent is sufficiently possible.

6) Around September 26, 2011, the victim called Sweden Police “Fman”, and sent a text message, “A professor No. Dog National University had been prone from the scene of his criminal?” The victim appears to have been recorded around September 27, 201, when he was under the contact of Sweden Police, and on his own doubt whether the Defendant was a criminal? The victim did not know about the victim’s conversation with the Defendant at the airport of Switzerland, and on September 27, 2011, after the day from the date of the crime of this case, the victim appears to have been recorded. The victim did not appear to have been aware that he was a criminal. The victim did not know about his spirit, who was not a criminal? The victim’s blue? The victim did not have been aware that he was a professor? The victim was not a professor? The victim did not appear to have been aware of the other party to this case’s crime? The victim did not appear to have been aware that he was a criminal.

Furthermore, even if examining the circumstances in which the defendant was identified as a criminal in this case, the victim did not designate the defendant as a criminal from the beginning, but only reported that the victim was sexual assaulted by the police. The police deemed the defendant and the non-indicted 1 as a suspected suspect, and the defendant was identified as a criminal by considering the situation where the victim presented a photograph of the two persons' passport, i.e., the appearance of the victim's memory, i., the victim's appearance, i.e., "sl head"). (The reason is not clear, but it seems that the defendant did not first talk about the fact that he was sexual intercourse with the victim until he was identified as a criminal).

7) After the instant case, the Defendant’s actions are as follows, and the facts of the instant crime are indirectly ratified even through this. ① First, the Defendant sent the victim a text message stating that “I have returned to the hotel late September 27, 201 due to the local time after he was arrested by the local police of Sweden and was detained for 12 hours,” and “I have left the hotel late. I would like to see my mind. I would like to go back with my mind. I would like to go back. I would like to go back. I would like to go back. I would like to go back. I would like to say that I would like to go back. I would like to go back. I would like to say that I would have not agreed with the victim during the conversation with the victim at the airport prior to the departure of Sweweden, and that the Defendant did not appear to have agreed with the victim during the conversation with the victim at the airport of Sweden, and that I would not seem to have agreed with the victim’s external activities, such as the victim’s conference or conference, etc.

8) The Defendant’s statement seems to fall short of credibility due to the following reasons.

A) In the initial police investigation, the Defendant stated that “The victim was unable to walk well under the influence of alcohol,” and the victim was satisfed on the part of the victim, leaving the victim’s arms and satisfed, and satisfed. As such, the victim was kis and sated, and had a sexual intercourse. It was not forced. At first, the victim was placed in a sexual intercourse with the victim’s body at the request of the victim, and the victim was fatd down to the end, and the victim respondeded to the purport that “the victim was unable to walk well,” and the victim was satisfyed with the victim’s satch at the time of the investigation, and the victim was satched with the victim’s satisfe at the time of the investigation, and the victim was satched with the victim’s satch to the extent that the victim was not satched with the victim’s s at the time of the investigation.”

B) In this court, the Defendant was the key of the victim at the time of going to the protection of the second floor. At least, the Defendant did not call the victim’s visit; the Defendant was the victim’s chest; the victim’s chest was fright, and the body was frightened. While the Defendant moved from the Defendant’s guest room to the victim’s guest room, the victim’s bed away from the victim’s bed, the victim’s bed away from the victim’s clothes; and whether the victim’s reaction at the time of sexual intercourse was concretely left, it is difficult to understand the Defendant’s testimony at the police station, and it is also difficult to see why only the part on the dysian sexual relation is not memory (in this regard, Nonindicted 1 stated that “the speed or tonnage of the Defendant’s horse at the time of the completion of drinking,” and that the Defendant did not speak at the police station’s 290 square meters or shot, and the Defendant did not speak at the court.”

C) The Defendant stated in Sweden police that he was aware of the fact that he was asked about the body of Sweden only when he was asked about the 4th hand of the left her body, and that he was asked about the her body. However, according to the investigation by Sweden Police (Evidence No. 280-281, No. 281) by Sweden police (Evidence No. 280-281), the Defendant appeared to have shown 3-4 strings of the bath room of ○○ hotel (No. 1 omitted), which the Defendant was silentd, and the small number of sweden in the bath room was also sweden due to the sweden sweden’s sweden’s sweden’s sweden sweden’s sweden.

9) Prior to the instant crime, the victim appears to be a significantly wise person in terms of sexual notion, such as the victim’s wife, where the victim was her wife (the intention to have diagnosed the victim in Sweden was also her wife, which appears to be a superior situation with the first sexual experience, and the record of evidence was 250 pages). If the victim was not in a state of being unable to resist at the time of the instant crime, but in a state of consciousness, it is extremely doubtful whether the victim was her wife, and whether he/she tried to have sexual intercourse with the Defendant who was more 12 years old than himself/herself.

10) Furthermore, the circumstances in the part of the victim following the crime: (i) the victim did not respond to the request of the defendant for agreement; (ii) the victim was diagnosed with stress disorder due to severe mental impulses; (iii) the victim was diagnosed with one week from the Busan Medical Center (from October 25, 201 to October 31, 201); (iv) the period of four days from the Busan Medical Center (from December 6, 201 to December 9, 201); (iv) the period of one month from the Gyeongbuk University Hospital (from December 9, 2011 to January 7, 201); and (v) the victim was hospitalized in each hospital at the Gyeongbuk University Hospital (from December 9, 2011 to December 7, 2011) to receive mental treatment; and (v) the victim appears to have attempted suicide until December 201.

B. In full view of the above circumstances, it is difficult for the victim to find out the motive or reason for the victim to make a false statement, and therefore, the statement is reliable. Accordingly, even if the victim had not been able to resist at the time of the crime of this case, if it appears that the victim was in a physical or mental state because it was impossible or considerably difficult for the victim to resist the crime of this case in light of the above circumstances, it shall be difficult to deny the statement. Accordingly, the defendant and the defense counsel's assertion shall not be accepted.

[Scope of Punishment] Imprisonment of two years and six months to fifteen years;

[Determination of Punishment] In the event of a sex crime, injury or injury, injury or injury to be older than 13 years of age, type 2 (general rape)

【Special Convicted Person】

[Scope of Recommendation] Four years to Seven years of imprisonment

[Determination of Sentence] Imprisonment with prison labor of two years and six months;

The crime of this case committed by the defendant, along with the victim who was accompanied by attending a school conference in a foreign country, committed sexual intercourse with the victim that the victim drinking alcohol was in a state of impossibility to resist, and thereby suffered injury, such as sexual intercourse, sexual intercourse with the victim, stress, etc. The crime's nature is very poor, and the defendant demanded high level of morality as his spouse and will, even though his spouse is required, the defendant committed the crime of sofacing infacingly, such as this, he was sexual intercourse with the victim. As a result, the victim has been seriously kept in mind, was hospitalized for a considerable period of time at the hospital, was receiving mental and physical pain, such as attempted suicide, and was tried to commit suicide, it is reasonable to punish the defendant strictly.

However, it is judged as ordered in consideration of all the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and conduct, environment, and circumstances after the crime, etc., that the defendant is the primary offender, and the defendant seems not to have caused any aspect of the crime of this case by drinking alcohol at the time and somewhat contingent.

Where a conviction becomes final and conclusive with respect to the crime of this case, which is a sexual crime subject to registration, the defendant is a person subject to registration of personal information under Article 32 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, he/she is obligated to submit personal information to the competent agency pursuant to

Judges Lee Young-young (Presiding Judge)

Note 1) The victim, in this Court, lost the consciousness in the corridor during the course of coming from the room of Amama Defendant and going to the inside room. The victim also made a statement to the effect that “The victim would be free from the corridor.”

2) In relation to this, it seems that the time of sexual intercourse is about 20 minutes when the victim made a statement in Sweden police is merely a simple trend. In addition, when comprehensively considering the statements of related persons, the victim seems to have been locked in the course of moving the victim from the defendant's room to the protection of the victim, and the victim's memory in this situation is deemed to have been naturally incomplete.

3) Meanwhile, in the prosecutorial office, the Defendant stated that the victim did not refuse the victim’s status at the time, or that it is not clear whether the victim did not refuse the victim’s refusal under the mental condition (Evidence Records 329 pages).

Note 4) The victim also recognized these facts, which may be disadvantageous to himself/herself, is considered to raise the credibility of the victim's statement.

5) Meanwhile, even though the victim stated that “the degree of loss of consciousness was only one to two times before the occurrence of the case,” it is difficult to see that the above judgment was obstructed, and rather, it shows that the victim means the fact that the victim makes a good effort without any increase or decrease.

Note 6) In this court, Nonindicted 2 stated that “At the time, Nonindicted 2 tried not to talk about the specific situation well, she was deemed to have a serious problem, and she first saw that the problem was serious, and at the time, she was slick and slicked as having no mind.”

7) Since the Defendant was an amnesty, if the victim considered the face of the Defendant at the time, it is not possible to memory it, the victim is judged to have failed to properly view the face of the Defendant.