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(영문) 서울북부지방법원 2018.06.29 2018고합44
준강간등
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall order the completion of a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. On June 15, 2016, the Defendant was sentenced to a fine of three million won or more due to a violation of the Road Traffic Act by the Seoul Central District Court due to a violation of the Road Traffic Act, such as a violation of the said Act and a violation of the said Act.

On December 1, 2017, from around 02:28 to 03:00 the same day, the Defendant driven a FK5 vehicle at approximately 17 km from the front side of the Council of the Government without a driver’s license to the front side of the “E” hotel located in Dobong-gu Seoul Metropolitan Government, without a driver’s license, while under the influence of alcohol leveling to 0.152% of the alcohol level during blood.

2. On December 1, 2017, the Defendant: (a) moved to the “E” hotel located in Dobong-gu Seoul Metropolitan Government D around 03:05 on the same day by a doping to the effect that, at around 02:28, the Defendant: (b) was an employee of G State-si, G State-si, G State-si (four stories); (c) had the victim, an employee of this State-si, Ha (the 21 year old), left the house to the house of the victim; and (d) had the victim, an employee of this State-si (the 21 year old), left the house of this State-si; and (e) had the victim, who was under the influence of alcohol, detained in the above hotel room of 407 on the same day; and (e) had sexual intercourse with the victim, who was under the impossible condition of under the influence of alcohol at around 04:00 on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. A report on the second and third examination of the suspect against the defendant, which is part of the prosecution;

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

1. Each police statement made to H, I, and J;

1. On-site photographs, such as on-site photographs, two-way and two-way photographs, as a result of a license inquiry, each CCTV image data capture screen (hereinafter referred to as 11, 13, 15, 23, 25, 27 at a net time), drinking photographs, each request for appraisal (hereinafter referred to as 38, 49), one CD in a recording file, and nine CDs;

1. Each internal investigation report [the victim's workplace "G main store" and the victim's request for attendance at the manager (hereinafter referred to as "G main store" 4), the victim's relative statement hearing (hereinafter referred to as "net 9), the victim's quantity of drinking alcohol (hereinafter referred to as "net 32], each investigation report [the suspect's body relation (hereinafter referred to as "the suspect's body relation") and the suspect.

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