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(영문) 인천지방법원 2018.02.09 2017고합748
준강간등
Text

A defendant shall be punished by imprisonment for not less than four years and six months.

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

Reasons

Punishment of the crime

The Defendant, from the E-lined in Incheon Bupyeong-gu, tried to drink the Victim F (n, 23 years of age) and the Victim G (n, 23 years of age) who met with the streets from the street-based D, Incheon Bupyeong-gu, to drink the Victim G (n, 23 years of age) to the neighboring her.

In addition to the above victims, the proposal was made to be invested in 103 International Hostel in Bupyeong-gu Incheon Metropolitan City H.

1. From around 05:00 to around 09:00 on July 23, 2017, the Defendant: (a) exceeded the clothes of the victim F, who was under the influence of alcohol, and inserted his sexual organ into the victim’s negative part; (b) had sexual intercourse with the victim by inserting the clothes of the victim F, who was under the influence of alcohol from around 05:00 to around 09:0; and (c) had sexual intercourse with the victim by inserting his or her own sexual organ into the victim’s negative part; and (d) took several photographs of the victim’s chests, fluor, etc. against the victim’s will.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or impossibility of resistance, and taken the victim's body against his will that could cause sexual humiliation or shame by using the mobile phone photographing function.

2. 준강간 미수 피고인은 제 1 항 기재 일시 및 장소에서 제 1 항의 범행을 저지른 다음 술에 취해 바닥에서 자고 있던 피해자 G에게 다가가 피해자의 브래지어를 위로 올린 후 손으로 피해자의 가슴을 만지고 혀로 피해자의 가슴을 핥고, 피해자의 팬티를 벗긴 다음 피해자의 음부에 자신의 성기를 비비는 등 간음하려고 하였으나 잠에서 깨어난 피해 자가 거부하는 바람에 삽입을 하지 못하였다.

As a result, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's mental and physical loss or impossibility of resistance, but did not bring about such intent and attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Statement made by the police to J;

1. A seizure list;

1. A response to a request for appraisal (Seoul Science Investigation Research Institute);

1. Photographss of seized articles and photographs of their upper part;

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