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(영문) 서울중앙지방법원 2014.07.18 2014고합380
준강간
Text

1. The punishment of the accused shall be three years;

2. A program for treating sexual assault for 40 hours against the accused.

Reasons

Punishment of the crime

At around 20:30 on January 28, 2014, the Defendant, at the main point of “E” located in Gwanak-gu in Seoul Special Metropolitan City, performed drinking together with the victim F (the 25 years of age) who is an employee of the same company, and entered the HMoel 502 located in Gwanak-gu in Seoul Special Metropolitan City, about 200 meters away from the victim under the influence of alcohol, and placed the victim on the bed, and had sexual intercourse with the victim by putting the victim out of the clothes of the victim under the influence of alcohol and inserting the sexual organ into the bed. At around 22:30 on the same day, the Defendant had sexual intercourse by putting the victim out of the clothes of the victim under the influence of alcohol and inserting the sexual organ into the drinking part.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the state of mental or physical disability or impossibility.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and victim F;

1. A written statement of I and J;

1. Each investigation report (on the spot investigation, the conversation between the suspect and the victim on the Kakakaook, and the victim on the blood alcohol concentration) and accompanying materials;

1. Each written request for appraisal, each request for appraisal, each report on request for appraisal, and the country and each report on appraisal;

1. On-site photographs and CCTV images, CCTV photographs, etc.;

1. Application of the CD-related Acts and subordinate statutes to the backup CCTV image data business;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Scope of recommendations;

(a) Determination of types of sex offenses, general standards, rape (subject to over thirteen years of age), and first category (general rape);

(b)the basic territory of the recommendations;

(c) Two years and six months to five years of imprisonment with prison labor for the range of recommendation according to the recommended field (Provided, That imprisonment with prison labor for less than three years, which is the lower limit of punishment, shall not be sentenced as a result of discretionary mitigation);

2. The crime of this case by which the defendant, who is the employee of the victim, had sexual intercourse with the victim under the influence of alcohol in the middle of the ceremony, in view of the relationship between the defendant and the victim and the circumstances of the crime, is highly likely to be criticized, and the victim is the victim.

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