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(영문) 인천지방법원 부천지원 2016.09.30 2016고합146
준강간
Text

A defendant shall be punished by imprisonment for three years.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On October 9, 2015, the Defendant drinked with E at the main point of “D” in the vicinity of Seocheon-gu, Seocheon-gu, Seocheon-gu, D, and completed this business, and met with C, while drinking together, the Defendant was able to rape the victim, and the Defendant was sexually raped on October 10, 2015, at around 301, the victim was in a state of non-toxicated resistance. The Defendant was sexually raped with the victim who was in a state of drinking resistance.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Each police statement to E, J and K;

1. Determination as to the defendant and his/her defense counsel's assertion on the screen by cutting down text messages and CCTVs

1. The summary of the argument is that the Defendant entered the victim’s business into the telecom, and the victim’s fingers and knicks were written in the victim’s sexual organ, but the victim’s sexual organ was not inserted. As such, the crime of quasi-rape did not reach the number of pages.

2. Determination

A. According to the evidence duly adopted and examined by the court, the following facts can be acknowledged.

(1) On October 10, 2015, the Defendant drinks alcohol at his/her own friendship E and his/her own coffee shop with the victim, who is an employee of the coffee shop operated by the Defendant.

At the time, the victim dump dump dume two kinds of disease in excess of one half of one kind of pump.

Since then, the defendant found the victim who was drunk in a toilet and was in a drinking place.

E did not speak to E, leaving the victim back to the telecom.

(2) The Defendant, who has been working for the victim and moved to 301 international telecom, was exempted from the victim's bat where earth and sand are buried, and was cut off with water from the victim's head satch.

After that, the defendant suffered panty only.

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