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(영문) 대전지방법원 2015.10.16 2015고합79
강간
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 1, 2014, at around 23:30, the Defendant, along with the victim E (nive, 17 years of age) in Chuncheon-si C, carried alcoholic beverages together with the victim E (nive, she will return to the house, she was fluored by the victim, she was fluorted on the part of the victim, she was fluorted on the part of the bed, she was fluor, she was fluored into the part of the bed, she was fluor, she was fluored into the part of the bed, she was fluor, and the victim was fluord into one sexual intercourse.

Summary of Evidence

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes concerning details of handling reported cases to 112 cases;

1. Article 297 of the Criminal Act applicable to the crimes;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Determination on the assertion by the Defendant and defense counsel under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. The summary of the argument was that the Defendant had sexual intercourse with the victim at the time of the instant case, but only had sexual intercourse naturally under the agreement after drinking alcohol, and did not rape the victim.

2. Determination

A. The evidence submitted by the prosecutor reveals the following facts.

1) The Defendant and his friendship F, who went to a customer in the singing room, became aware of G in the singing room. The Defendant and F came to know of G in the singing room. The Defendant and F, as their friendship relationship with G, were first met on the day of the instant case with the victim. 2) The Defendant, the victim, the F, and G were to play in Bupyeong-si on August 1, 2014 around 05:00, and at the time, the victim would return to the house located in Seocheon-si by 16:00 on the same day.

Defendant, victim, F, and G arrive at the Dpande in Switzerland at around 09:00 on the same day, from 16:00 to 16:00, and they sleep with playing equipment, etc. thereafter, they drink at the above Dpande rooftop from 20:00 to 20:00.

While drinking alcohol, the victim was born to F while drinking, but F was refused on the ground that he was drinking alcohol.

3. The victim shall.

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