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(영문) 부산지방법원 2012.09.28 2012고합461
강간
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to take a lecture for sexual assault treatment for 80 hours.

(b) the defendant;

Reasons

Punishment of the crime

The Defendant: (a) contacted the victim D (at the age of 26) who was aware of that he was in common; and (b) told the victim under the influence of alcohol with the victim at the nearby main point of Busan E, who was under the influence of alcohol with the victim, and (c) went the victim to the Gelbur F in Busan, to the 408 Gelbur where the victim was in F.

At around 01:00 on March 17, 2012, the Defendant: (a) intending to get off the clothes of the victim who was under influence of alcohol in the above Gel 408 room; (b) when the victim shouldered his/her body and resisted against him/her, and (c) frightened the victim by taking the victim’s her humf to the suppression of the victim’s humf to the suppression of the victim’s humb; and (d) frighted the victim’s humf to the suppression of the victim’s resistance; and (b)

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. An interrogation protocol of the police against the accused;

1. A criminal investigation report (Attachment of the content of a message);

1. The records of sexual assault victims; the application of Acts and subordinate statutes governing requests for appraisal;

1. Article 297 of the Criminal Act applicable to the crimes;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Determination on the assertion by the Defendant and his/her defense counsel under Article 37(1)1 and (3), and Article 41(1)1 and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Sexual Crimes

1. The summary of the assertion is true that the defendant has a sexual relation with the victim, but there was no assault or intimidation to the extent that it would make it impossible or considerably difficult to resist the victim at the time.

2. Determination

A. According to each of the evidence of this case, the following circumstances are recognized.

1. The victim, since the police, has consistently seen that “I am sathn't sathn't sathn't sath,” and even if the Defendant was unsaved, she continues to do so even though I am sathn't sathn't sath, and she attached clothes to the Defendant.

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