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(영문) 서울북부지방법원 2013.11.21 2013고합259
준강간
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On July 18, 2013, at around 05:35, the Defendant discovered the victim E (n, 24 years old), who was drunk in front of the D convenience store located in Dobong-gu Seoul Metropolitan Government, and was able to find out the victim’s own car and set up a single place for the same Gu FF and the Gangnam-gu G G group for about 2 hours after leaving the victim’s own car, and met once, at around 07:30 on the same day, the Defendant took 302 of the victim’s chest in the state of mental disorder due to alcohol and took her fingers inside the victim’s sexual organ, and sexual intercourse with the victim’s clothes.

Summary of Evidence

1. Investigation report on the E, J and K's legal statement E by the prosecution E, and each police statement by the J against each police officer's protocol by the J (Attachment to the electronic appraisal report);

1. Application of Acts and subordinate statutes to internal investigation reports (in relation to the verification of CCTV for crime prevention in front of the D convenience points - attaching CCTV photographs - attachment of CCTV photographs, on-site verification of the IMoel, attachment of surrounding CCTV photographs, and attachment of CCTV photographs within the D convenience points - attachment of CCTV photographs, attachment of CCTV photographs, attachment of CCTV photographs to the suspected mobiledong line - related to the request for appraisal, and attachment of CCTV

1. The summary of the argument on the assertion of the Defendant and his/her defense counsel under Article 299 and the main sentence of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed against Sexual Crimes under the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under the Disclosure Order under the main sentence of Article 49(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under the Act on the Punishment, etc. of Sexual Crimes under Article 299 and Article 297 of the Criminal Act on Criminal Crimes, and Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, although the victim voluntarily withdraws from alcohol at the time, he/she did not go through the

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