(영문) 수원지방법원 안양지원 2017.01.13 2016고합84

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자간(%)

(영문) 수원지방법원 안양지원 2017.01.13 2016고합84

강간

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

Some of the facts charged were corrected according to facts obtained through the examination of evidence without due process to the extent that there is no risk of actual disadvantage to the defendant's exercise of his/her right to defense.

Around December 14, 2015, the Defendant, and the victim E (V, 57 years of age) have encouraged the victim to go home at around 00:00 following the day of the instant voluntary crime prevention group. Around December 14, 2015, the victim E (V) had the victim go home to the room of the Defendant’s operation of the Defendant in Ansan-gu, Gyeonggi-do, and led the victim to go home to go home to the room of the “K” shop. The victim’s flasing the victim with his seat above the Defendant, and flasing the victim into the victim’s sexual intercourse, and flasing him into the victim’s sexual intercourse, and flading the victim’s sexual intercourse, and continuously led the victim to go home to go home to the victim’s sexual intercourse.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

1. Statement made once by the police officer of L;

1. Other closure photographs and text message photographs of each letter message;

1. Each investigation report (the drawings and site photographs of the place where the case occurs, and the M telephone search for witnesses);

1. Application of statutes, such as a copy of medical records;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

1. Determination on the assertion by the Defendant and his/her defense counsel under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. The summary of the argument is that the Defendant, at the time and place recorded in the facts constituting the crime in the judgment, only had sexual intercourse under the implied agreement with the victim, and did not commit assault or intimidation against the victim.

2. Determination

(a) the court.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

-형법 제297조

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