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(영문) 서울동부지방법원 2017.08.10 2017고합99
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 April 9, 2017, around 07:38, the defendant found the victim E (one, two years of age) who was under the influence of alcohol in the second floor of the D2nd floor of the building in Gwangjin-gu Seoul Special Metropolitan City, and went back to the 207th floor room where the defendant's residence, by neglecting the victim.

The Defendant, between 07:40 on the same day and 09:30 on the same day, had a person who was drunk in the above D room room 207 room, was drunk and was unable to properly hold the body, laid off on the tet lease the victim’s clothes and her clothes, cut off the victim’s clothes in a non-able state, and she had sexual intercourse with the victim once by inserting the Defendant’s sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E (tentative name);

1. A report on the occurrence of a crime (rape-rape), a report on an investigation (the details of receipt of a report on 112), a report on an investigation (the access of a victim), a report on an investigation (the CCTV image), a report on an investigation (the CCTV image relating to a crime), a report on an investigation (the act of recording a voice in a currency), a report on an investigation (related to the scene of the crime and the place of residence of the

1. 112 Report processing table, F message screen, CCTV images and voice-recording files, legal chemical emotions, and genetic emotions [the defendant and the defense counsel acknowledged the instant crime, but deemed that the victim was well living in the defendant;

means that there was a little consciousness that was followed by the defendant's room, etc.;

I argue that the victim's defense is not possible to resist.

(1) However, the victim, at an investigative agency, was in the state of mashing the mashner with a beer on the day of the instant case at one time, and mashing a taxi while under the influence of alcohol, and getting off the taxi at the place of her house, cannot be memory or any other memory after that, and the spirit cannot be known.

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