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(영문) 의정부지방법원 2015.11.12 2015고합137
준강간등
Text

A defendant shall be punished by imprisonment for three years.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. Around 10:00 on December 6, 2014, the Defendant: (a) took a phone at the D convenience store located in Ma in Mapo-si, Mapo-si; (b) taken an employee E (here 21 years old); and (c) took drinking together at the “H” house near the victim at the bus stops located in F in Mapo-si, Namyang-si, 17:30 on the same day.

After that, on December 6, 2014, the victim took the victim into the defendant's house at around 20:20 on December 6, 2014, the victim took the defendant's house to move the victim into the defendant's house before the defendant's house from around 102 to 22:34 on the same day, in order to move the victim into the house before the defendant's house, the victim brought the victim into the above vehicle's house in order to take the victim's house before the defendant's house, without the body under the influence of alcohol, and put the victim's face, including the eye of the snow, and went into the house of the defendant by cutting the victim's body, and then enter the victim's house. As above, the victim was frightd to rape the victim under the influence of alcohol, and frightd the chest of the victim's chest, regardless of the defendant's leakage in the defendant's room, and frightd the victim's body.

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

2. Violation of the Road Traffic Act and the Road Traffic Act;

A. On December 6, 2014, at around 17:30, the Defendant, via G in the same city F from the south-si, Namyang-si, and through G in the same city F, operated the said car under the influence of alcohol concentration of 0.09%, without a vehicle driver’s license, from around 2km to the front day of “H” in the same city. On the same day, the Defendant continued to drive the said car without a vehicle driver’s license at approximately 2km from around 20:20 on the same day before the foregoing “H” alcohol level to the said I.

B. At around 01:00 on December 7, 2014, the Defendant driven the said vehicle under the influence of alcohol content of 0.056%, without a driver’s license, at the 1km section from the front day of the said I to the front day of the said H’s alcohol house.

Summary of Evidence

1. The defendant's partial statement in court;

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