(영문) 의정부지방법원 고양지원 2012.10.26 2012고합87

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 고양지원 2012.10.26 2012고합87

아동ㆍ청소년의성보호에관한법률위반(강간등)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The Defendant, around 00:10 on July 26, 201, 201, dhodong-gu, Manyang-si, Ilyang-si, by dividing the victim E (n, 15 years of age), F, G, H, I, and J, a female juvenile, who had been aware of the usual sense, into drinking and beer.

At around 05:00 on July 26, 201, the Defendant: (a) reported that the victim was under the influence of alcohol to move to a toilet outside the above main point; (b) made the victim a toilet depending on the victim’s mind; (c) took the victim’s body toward the toilet; and (d) took the victim back to the space used as a warehouse at the end of the corridor.

The Defendant, under the influence of alcohol on a so-called softened sof that he was unable to resist, was placed on the part of the victim, and was knee off the victim’s spanty and panty without kne, and had sexual intercourse by inserting the victim’s spanty into the quality and speed of the victim.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, K, and L;

1. A protocol concerning the suspect examination of the accused;

1. An appraisal statement;

1. Determination on the assertion of on-site medication, photographic defendant, and defense counsel

1. The gist of the argument was that the victim had sexual intercourse with the victim at the time and place indicated in the judgment of the defendant, but at the time, the victim was not under the influence of alcohol, such as walking in the toilet alone, while drinking alcohol together, and the defendant did not refuse the defendant's consent to sexual intercourse because he displayed a kis, kis, kis, etc., and did not refuse the defendant's consent to sexual intercourse. Thus, at the time of the instant case, the victim cannot be deemed to have been in the state of being under the influence of alcohol, and there was no intention to have sexual intercourse with the defendant by using it.

2. In full view of the following circumstances acknowledged by the aforementioned evidence, the victim at the time of the occurrence of the instant case.

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