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Reasons
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(영문) 수원지방법원 2015.08.27 2015고합39
준강간
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A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On July 4, 2014, the Defendant, at around 08:35, at the 409 room of the “Eel” located in the Gyeonggi-si Sim-si, the Defendant, using that the victim F (F, 32 years of age) who was fright to drink with drinking at the night house prior to the night night, was able to do so at the same time, and had sexual intercourse with the victim who is in the state of being unable to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Partial statement of witness G;

1. Some statements of the prosecutor's office and police interrogation protocol of the accused;

1. Each prosecutor's office and police statement concerning F;

1. Part of the prosecutor's statement concerning G;

1. Some of the statements of the defendant and G

1. A complaint;

1. On-site photographs and CCTV-recording data;

1. Determination on each investigation report (Evidence Nos. 2 and 11), each internal investigation report (Evidence Nos. 5 and 6), investigation report, and the assertion of the accused and the defense counsel as to the request for an appraisal

1. The summary of the argument recognizes the fact that the defendant has sexual intercourse with the victim, but the victim did not have the state of failing to resist at the time, and the defendant has sexual intercourse with the victim's consent.

2. According to the evidence adopted and examined by this court, the following facts can be acknowledged. A.

At around 01:00 on July 4, 2014, the Defendant-friendly G was placed in the “HJ” located in Suwon-si, Suwon-si, and was engaged in I and Bing for the victim-friendly compulsory appearance between the victim and the victim, and G became a partner with the victim.

B. At around 04:00, G was contacted with the victim, and the Defendant, G, the victim, and I moved to “J seat” in the vicinity of the age club and drinking alcohol.

Defendant, G, victim, and I moved to Eelher (hereinafter “Eurher”) around 06:10 and moved to the Eurher (hereinafter “Eurher”) and thereafter, Defendant, G, victim, and I moved to 405 in total.

In addition, the defendant and I used 405 units, and G and the victim used 409 units.

(c) 06:18 Gyeong.

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