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(영문) 서울북부지방법원 2013.11.08 2013고합236
강간상해
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A defendant shall be punished by imprisonment for five years.

The defendant shall complete a sexual assault treatment program for 120 hours against the defendant.

Reasons

Punishment of the crime

On April 22, 2013, between 23:37 and 01:30 on April 23, 2013, 2013, the Defendant, “D” 206, located in Jung-gu Seoul Metropolitan Government, demanded the victim E (50 years of age) (hereinafter “D”), who met or became aware of a sexual intercourse with the age club, but was refused by the victim and heard the word “ Do Do Do Do Do Do ? Do Do Do ? Do Do ? Do Do ? Do ? Do ? Do ? ? Do Do ? ? Do ? ? ? Do ? ? Do ? ? Do ? ? ? Do ? ? ? ? ? ? ? ? ? ? ? ? ? ? ’ ? ? ? ? ? ’ ? ? ? ’

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement of the police statement of the victim and F;

1. A victim's accusation;

1. Each victim's bodily injury photograph, each internal investigation report, investigation report, investigation report (Submission of a medical certificate by the complainant), report on request for appraisal, detailed statement of 112 reported cases, application of Acts and subordinate statutes to recorded CDs;

1. Relevant Article of the Criminal Act and Articles 301 and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 201);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order after Completion (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply)

1. Article 37 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed before an disclosure order is issued;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 41(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. The summary of the argument and the defense counsel acknowledged the fact that the defendant had sexual intercourse with the victim who met at the age club of this case on the day of this case, but the defendant was refused and insultingly asked the victim to have a sexual intercourse.

In other words, no rape has been committed by suppressing resistances, and no injury has been inflicted on the victim.

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