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(영문) 인천지방법원 2017.08.23 2017고합114
강간등
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

From around July 2008 to July 2015, the Defendant is between the victim C (n, 28 years of age) and the Plaintiff’s workplace security screening company of Incheon Airport Security (ju) and the Defendant’s post-ship.

1. The Defendant allowed the victim to be exempted from rape by making it impossible for the victim to resist the victim’s resistance by way of smoking the victim’s resistance, and tried to rape the victim. On October 31, 2016, around the frequency of E located in Jung-gu Incheon Metropolitan City, Jung-gu, and let the victim drink alcohol together with the victim according to the frequency of the victim’s drinking alcohol, and allowed the victim to drink water exemption, and allowed the victim to do so, from the frequency to the point of view, the Defendant exceeded the clothes of the victim, which were in an impossible state of resistance due to the influence of the victim’s collection in the F apartment of Incheon, and raped by inserting the Defendant’s sexual organ into the part of the victim’s drinking.

2. Around 11:00 on October 31, 2016, the Defendant, even if he is not a narcotics handler, drinked with the above C in the frequency of the E located in Jung-gu Incheon, Jung-gu, Incheon, and, at around 11:0, the Defendant, as prescribed by the Defendant, put the Defendant’s notice of the water exemption 1, including the stroke-mm, which was a stroke-type drug that was held by the prescription, into the above C-mpik’s sub-mail and mixed the stroke-type with the stroke-type m, and used the stroke-type mar by allowing the above C to drink the stroke-type mar in accordance with the above C’s alcohol.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and G;

1. A restaurant CCTV CD;

1. The application of statutes to each H dialogue content, text messages, narcotics appraisal report (No. 19 No. 19), gene appraisal report, and prescription details for exemption;

1. Relevant Article of the Criminal Act and Article 297 (Rape) of the Criminal Act, Article 61 (1) 5, and Article 4 (1) 1, and subparagraph 3 (d) of Article 2 of the Narcotics Control Act (the use of a native mental medicine and the choice of imprisonment);

1. The aggravated Criminal Act for concurrent crimes.

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