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(영문) 인천지방법원 2018.02.01 2017고합666
강간등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 17, 2016, the Defendant, as a student C’s college club line at a university of the victim C (V, 22 years of age), had the victim drinked with D, who had the same club attached thereto, in the residence of the victim located in Suwon-si, Suwon-si, Suwon-si on December 17, 2016, and had the victim drinkd with D, who had the victim returned to his house.

1. The Defendant, at around 05:00 on December 17, 2016, was raped, at the residence of the above victim (the age of 21 at that time), told the victim to be accumulated above the victim’s bed, “Ap. . . . . .” and then, she laid the body of the victim into the body of the victim. Then, she was “a mabs and marbs. .

“In doing so, the victim was placed on the part of the victim who was rejected, kidds the victim’s resistance against the victim’s body, kids the victim’s shouldered by his hand so that the victim may not be laid off by putting the defendant’s shoulder up, with his hand, and kids the victim’s chest, kids the victim’s chest, off the victim’s clothes, and kids the finger off, and kid the victim’s finger into the part of the victim’s body, and had sexual intercourse once by inserting the Defendant’s sexual flag into the part of the victim’s sound.

Accordingly, the Defendant raped the victim.

2. Around 07:00 on December 17, 2016, the Defendant: (a) was under the influence of alcohol at the places indicated in the foregoing paragraph 1; (b) was able to sleep back the victim’s bucks and clothes; (c) was exempted from the victim’s bucks and clothes by taking advantage of the victim’s condition; and (d) was in sexual intercourse once by inserting the Defendant’s sexual organ into the part of the victim.

Accordingly, the Defendant quasi-rapeed the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the prosecution against C;

1. Statement made by the police against D;

1. Determination on the medical records, etc. for victims of sexual assault, response to each request for appraisal, investigation report (investigation of reference witnesses and attachment of data), E-rating details of suspects and reference witnesses, and arguments between the defendant and defense counsel;

1. Although the gist of the assertion has been true that the defendant has sexual intercourses with the victim two times, it is impossible or remarkably impossible to resist the victim.

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