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(영문) 수원지방법원 안양지원 2017.09.22 2017고합53
강간상해
Text

A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

The defendant is between the victim D (the family name, the female, the age of 26) and the family friendly with each other.

After drinking alcohol together with the victim, E, F, and G, the Defendant went to Korea on November 14, 2016 with the victim, who was under the influence of alcohol around 07:00 on November 14, 2016, the Defendant went to Korea as 501 her her her motherel located in Haban-gu, Haban-gu.

The defendant, under the influence of alcohol, is able to see the shoulder of the victim who sits in the bed with his hand on the bed by laying down the shoulder in the bed, prevent him from breaking it by hand, put him into the bed, put him at the bed, put him over his resistance, put him on the victim by hand, put him up his panty and panty with his hand.

Therefore, when the victim continuously resists the body, the defendant saw the face of the victim one time by drinking and inserted the defendant's sexual organ into the negative part of the victim.

In accordance with the statement of the victim's investigative agency and this court, part of the process of committing the crime stated in the indictment was revised (the defendant, after inserting his/her sexual organ into the part of the victim's sound, inserted his/her sexual organ into the part of the victim's sexual organ after inserting the victim's face in drinking). Accordingly, the defendant raped the victim, and inflicted injury on the part of the part of the victim's sexual organ requiring treatment for about 14 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, J and G;

1. Statement in the police statement protocol against E;

1. Each description and image of the investigation report (to check CCTV at the entrance of the telecom), investigation report (Evidence List No. 7), investigation report (to photograph inside the victim), investigation report (to photograph inside the victim), investigation report (to record the victim's state of taking advantage of the victim);

1. Each entry in the key list in emergency for collecting evidence of sexual assault, medical records, legal and chemical appraisal records, and each gene appraisal report;

1. Application of Acts and subordinate statutes in written diagnosis of injury to D (tentative name) prepared by K by a doctor K;

1. Relevant legal provisions and Articles 301 and 297 of the Criminal Act concerning criminal facts;

1. Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Program.

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