(영문) 부산지방법원 2016.12.16 2016고합770

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2016.12.16 2016고합770

준강간

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

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

Reasons

Criminal facts

The defendant is a kind of male-child relationship D with the victim C (ma, 43) who is married.

On July 16, 2016, the Defendant, at the victim and D’s house located in Daegu on July 16, 2016, had his wife and children drinked as D, and had locked as D at the living room. The Defendant, at the same time, had sexual intercourse with the victim knowing that the victim was locked at the inside and outside of the city at night, after completing a meeting of self-determination.

The Defendant, at around 03:00 on July 17, 2016, entered the Defendant’s inner room and had her panty with her panty only, and had sexual intercourse once with the victim’s mental condition by reporting the appearance to the victim under the influence of alcohol, her panty with her panty, her panty off the victim, and inserting her panty, and inserting his panty into the part of the victim’s sound, and inserting her spanty into the part of the victim’s sound.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement made by the prosecution against C (including the portion in which D's statement is recorded);

1. A report on the results of field identification;

1. Requests for appraisal and reports on requests for appraisal ( DNA type analysis);

1. Voluntary report, a detailed statement of handling a case reported 112, and a report on the internal investigation;

1. Records of seizure and the list of seizure;

1. Each investigation report and accompanying documents (Evidence Nos. 12, 13, 21) (Evidence List No. 12, 13, and 21) (the defendant and his defense counsel asserts that there is no fact that the defendant has inserted the defendant's sexual organ into the victim's sexual organ. However, the victim made a consistent statement from the investigative agency to the court to the effect that the defendant inserted his sexual organ. ② The victim immediately reported to the police after the crime of this case and made a detailed statement in the situation at the time of the crime. ③ The victim clearly stated the "kis and sexual insertions" in the accusation submitted by the victim on the day of the crime of this case.

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