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(영문) 창원지방법원 2013.11.28 2013고합215
강간치상
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Criminal facts

The defendant is the head of the offline "E" in Kimhae-si D, and the victim F (n, 19 years of age) is the employee of the above store.

On July 13, 2013, the Defendant, at around 02:00 on July 13, 2013, performed alcoholic beverages with four working hours of the victim, etc., such as the victim, etc., while drinking alcoholic beverages in the second singing room, she took entertainment, and three employees continued to drink alcoholic beverages with the victim in order to return home, and the victim was unable to be able to have sexual intercourse with the victim under the influence of alcohol.

At around 06:50 on the same day, the Defendant was able to have sexual intercourse once with the victim by putting the victim at the Hemotoel room 516 in G, putting the victim who is not able to resist and inserting his clothes on the bed, inserting the Defendant’s sexual flag into the part of the victim’s sound, thereby causing injury to the victim, such as the embarra in the number of days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and I;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. The prosecutor's statement concerning the F;

1. Investigation report (the records of sexual assault victims and clothes photographing) and investigation report (investigation into the confirmation ofCCTV);

1. A list of medical certificates, written consents, medical records for victims of sexual assault, and the results of the examination of victims of sexual assault;

1. Application of Acts and subordinate statutes to damaged photographs (such as trees and arms, etc.);

1. Relevant Articles of the Criminal Act and Articles 301 and 299 of the Criminal Act concerning the crime;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

4. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the Defendant has no record of criminal punishment including the same sexual crime before committing the instant crime;

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