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(영문) 서울북부지방법원 2018.08.31 2017고합509
준강간등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 06:00 on July 7, 2015, the Defendant, “2017 Gohap 509,” was aware of at the “E” alcohol house located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu.

F. Easting alcohol with the victim H (n, 26 years of age) who is working in F, Easting G, and F, and drinking alcohol at the Defendant’s home after drinking the alcohol.

Around 08:00 on July 7, 2015, the victim et al. was removed from the defendant's house located in 102 dong 1804, Dobong-gu Seoul Metropolitan Government I apartment building 102 dong 1804, and the victim was placed on the bed room located in the defendant's room, waiting the above F and G to be placed in another room, and the victim was sexual intercourse with the victim by getting off the clothes of the victim and once he was unable to resist.

around 01:17 March 14, 2018, the Defendant attempted to provide the victim L(55 years of age) with a preference at a 'K' singing room located on the first floor of the J building in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul.

After the victim's refusal of entry from the above singinging-up business operator, the victim abused the victim by getting the victim out of the sing-up door, leading the victim's right arm by unfolding the victim's right arm, leading the victim out of the sing-out door, leading the victim to the victim's right arm, leading the victim out of the sing-out door, etc., so the victim faced with the face above the sing-out floor, thereby causing about four weeks of treatment to the victim. Accordingly, the defendant suffered from the victim's sing-up of the left part and the inner wall that requires about four weeks of treatment.

Summary of Evidence

" 2017 Gohap 509"

1. Statement by the defendant in court (the fifth public trial date);

1. Statement made by the witness H in the second public trial record;

1. Statement made by each police officer G or F;

1. A response to a request for appraisal (net 20);

1. Investigation report (as to the M dialogue between H), photographs

1. Report on internal investigation (with respect to response to a request for appraisal with a State) and response to a request for appraisal (netly 11) "2018, 180";

1. Statement by the defendant in court;

1. Statement by the police officer of L;

1. Application of Acts and subordinate statutes to an investigation report (related to attaching a medical certificate for victim L), and each medical certificate;

1. Article 299 of the Criminal Act applicable to the facts constituting a crime and Article 299 of the choice of punishment.

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