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(영문) 서울서부지방법원 2020.08.13 2020고합93
준강간등
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

1. A quasi-indecent act on March 14, 2020: (a) around 00:13, 2020, the Defendant was drunk in the transit passage of subway stations located in Mapo-gu Seoul Metropolitan Government, and was in the shoulder of the victim D (name, leisure, age 27) who was unable to properly hold his body, and was faced with his arms over several occasions on the part of the victim’s entrance and inspection.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's non-performance situation.

2. Around 00:35 on March 14, 2020, the Defendant: (a) taken the said victim into a hotel F G room in Seodaemun-gu Seoul, Seoul; (b) taken the victim into the guest room in Seodaemun-gu, Seoul; (c) went off the victim’s panty and panty with the victim’s sexual organ inserted into the part of the victim’s sound, thereby having sexual intercourse.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. The defendant's partial statement (which recognizes the criminal facts of paragraph (1) at the time of sale, and the criminal facts of paragraph (2) of the holding that there is an indecent act against the victim who is not able to resist at the time and place of the ruling, but

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Partial statements of each police interrogation protocol against the accused;

1. Each protocol of the police statement about D (tentative name) and H;

1. A written statement of D;

1. A table of report on the occurrence of crimes and 112 reported cases;

1. Report on internal investigation (related to the verification of CCTVs and surrounding CCTVs), report on internal investigation (related to the verification of the number of a taxi on board of a victim), payment details of taxi, comprehensive vehicle tax, report on internal investigation (related to the interview with a taxi engineer and the mobile line of a suspect CCTV), each receipt, report on internal investigation (related to the verification of CCTV in an I cafeteria), internal investigation (related to the verification of CCTV in an I cafeteria), report on internal investigation (related to the verification of the details of the use of the CCTV in an internal investigation), response data, notification on internal investigation (related to the notification on the enforcement of the JA search and Seizure Verification warrant), notification on internal investigation (related to the identification of a suspect), response report on internal investigation (related to the identification of a suspect), notification on internal investigation (related to the

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