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(영문) 서울서부지방법원 2015.12.30 2015고합145
준유사강간
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

On July 19, 2014, at around 03:58, the Defendant: (a) laid the victim D (here, 19 years of age) under the influence of alcohol on a taxi for business purpose C, which was operated by the Defendant in the vicinity of the Hongdae-gu Seoul Mapo-gu Seoul Metropolitan Government, and (b) moved to the Southern-gu station, the destination of which was at around 04:

The Defendant: (a) the victim, who she was under the influence of alcohol, was able to get the victim to her house; (b) moved to her light-sponsed distance on the top of the taxi; and (c) moved to the light-sponsed distance on the light-sponsed distance; and (d) moved to the taxi in the direction of opening the string distance that would not cause the victim.

At around 04:49 on the same day, the Defendant: (a) carried the above taxi on the street in front of Guro-gu Seoul, Guro-gu, Seoul; (b) brought the victim, who was under the influence of alcohol, with his own kis, and was faced by the victim, and continued to put the victim into the kis, despite the victim's kis, so he cannot request other persons without his personal identity at the same time to assist; (c) put the victim into the victim's kis; and (d) put the victim's kis, who was in the influence of alcohol, brought the victim's kis; and (d) put him into the victim's kis, who was in the influence of alcohol, and then put the victim's kis, with his kis, who was in the influence of drinking, and who was in the influence of his kis; and (d) put the victim's kis into the victim's kis, while putting his kis into the victim's kis.

Summary of Evidence

1. Partial statement of the defendant;

1. In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court of the witness D’s legal statement, as well as whether the contents of the statements themselves conform to the rationality, logic, appearance, or rule of experience, or conforms to the evidence or third party’s statement, and also directly observe various circumstances that are difficult to record in the witness examination protocol, such as the appearance and attitude of the witness who is going to make a statement in the open court after being sworn before a judge, and the pening of the statements.

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