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(영문) 수원지방법원 2016.02.16 2015고합442
준강간
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall order the completion of the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The Defendant, through a meeting of the victim D (n, 30 years of age) and the club, was aware that he was living in the country, and she diced by drinking alcohol at a restaurant near G University on March 20, 2015, along with E, F, and the victim, who was a member of the new club of the same club on March 20, 2015, after drinking alcohol at a restaurant near G University, at around 05:00 on the same day, after moving alcohol from E, F, to the victim's house in the Gu of Sinwon-si, and diced by taking part in the house, and the victim dice at the bed in the bed for his work.

At around 07:00 on March 20, 2015, the Defendant: (a) entered the victim’s house; (b) entered the victim’s house, and (c) e and F, while drinking alcohol together with E and F, entered the victim’s bar where the victim was locked and panty kid; (c) retired from the victim’s bar and panty kid; and (d) inserted the victim’s body into the victim’s body and the victim’s sexual intercourse, such as inserting the victim’s sexual organ again into the victim’s drinking house, and inserting the victim’s sexual organ again into the victim’s drinking part; and (b) inserted the victim’s body into the victim’s drinking part; and (c) inserted the victim’s sexual organ into the victim’s drinking part; and (d) inserted the victim’s sexual organ into the victim’s drinking part.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Fact-finding certificates of E preparation;

1. Each investigation report (including data attached thereto);

1. A gene appraisal report;

1. Application of CCTV Acts and subordinate statutes;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Determination as to the assertion by the Defendant and his/her defense counsel under the main sentence of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc.

1. As to the assertion that emergency arrest against the defendant is illegal

A. Emergency arrest of the accused against the summary of the allegation was conducted before the victim is investigated, and the interrogation of the accused was conducted under the investigation, and at the time the investigation agency made a confession to the accused.

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