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(영문) 서울중앙지방법원 2018.07.18 2018고합420
준강간
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The Defendant, from around 01:00 on July 28, 2017 to around 02:25 on the same day, she was drunk from the F hotel 411 in Seocho-gu Seoul, Seocho-gu, Seoul, set off the clothes of the victim G (name, f, 21 years old) who was locked in the state of mental and physical loss, and she raped the victim by inserting his sexual organ into the sound part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the police statement related to G;

1. G statements;

1. A alcohol appraisal report and each gene appraisal report among blood;

1. Voluntary accompanying report, investigation report (F hotel CCTV image analysis result) (the defendant and his defense counsel acknowledged all the facts charged, but there is no evidence to reinforce the confession of the defendant.

Reinforcement of evidence for a confession made by the victim is sufficiently sufficient to recognize that the confession is true, not a processed one, even if all or essential part of the facts constituting the crime (see, e.g., Supreme Court Decision 2001Do1897, Jan. 8, 2002). The victim stated in the police that “The victim was able to take part in the Defendant’s day-of-the-day Hack Ha and Hack Hack Hack Hack Hack Hack Hack Hack Hack Hack Hack Hack, but the victim’s gene 2ndo 411th of the F hotel (hereinafter “the instant Macher”), and the panty Hack Hack Hack Hack Hack Hack Hack Hack Hack Hack Hack Hack Hack Hack wn Hack Y.7.7.7.).

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