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(영문) 서울중앙지방법원 2017.02.03 2016고합1099
준강간
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

On August 16, 2016, the Defendant 21:30, at the main point of “F” of E hotel 23 stories located in Jung-gu Seoul Metropolitan Government D around August 16, 2016, performed alcohol together with working accommodations, such as victim G (name, leisure, 28 years of age), while drinking alcohol together with the victim’s drinking together with his/her mind.

Ha contact with H and enter the above hotel 1618 heading room, which H 1618 heading, and then Ha was off the victim's clothes accumulated in the room room in order for H to listen to, and inserted the Defendant's sexual flag into the part of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or impossibility of resistance.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Statement made by the prosecution with regard to H;

1. Any statement made to the accused in part of each protocol concerning the suspect interrogation of the police;

1. Each police statement made with respect to G and H;

1. Copies of the statements prepared by G;

1. A criminal investigation report (STV Image Data Confirmation), photo of the suspect moving route in the E hotel, investigation report (Attachment two CDs in the E hotel), investigation report (Attachment to the victim’s n, new photograph) (Attachment to the victim at the time of damage), investigation report (verification of addition to the data), additional photographs of the suspect moving route in the E hotel, investigation report (Attachment to the CCTV images related to the investigation report on the 14th page), and one CD;

1. A response to a request for appraisal, response to a request for appraisal (2016-M-31218) (the Defendant was in a physical and mental state due to drinking alcohol at the time of committing the instant crime;

However, the Defendant calculated the normal drinking value, etc. on the day of the instant case at around 20:35, and thereafter, the Defendant left the elevator by saving the victim who she was drinking, and then called the victim from the first floor of the hotel around 21:21 on the same day, asked the number of hotel rooms administered by H and asked the victim to a hotel guest room with the next hotel staff, and the Defendant was inside the hotel room immediately after raped the victim in the part of the hotel.

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