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(영문) 서울북부지방법원 2017.01.13 2016고합383
준강간
Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant is an employee of the “Ch clubs”, and the victim D (the life expectancy, the age of 33) is a guest of the above age club.

On April 7, 2016, from around 02:00 to 04:00, the injured party drank 2 sicks of the victim and the injured party’s friendship, and the Defendant’s employees drank 4 sick with her natives, and her wife with the Defendant’s proposal, located in Gangnam-gu Seoul Metropolitan Government.

The Defendant knew that the victim was under the influence of alcohol and tried to rape the victim, and around 07:42 on the same day, the Defendant took the victim under the influence of alcohol with the conspiracy called “H” located in Seongbuk-gu Seoul Metropolitan Government G, and was accommodated in the above her mouth 305 room.

At around 08:00 on the same day, the Defendant was drunkly drunkd from the victim’s clothes, and was enrolled above the victim’s body, and had sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the victim D;

1. The CCTV CCTV CD;

1. Application of each letter of response to request for appraisal (the examination of Red Sea Ingredientss, analysis of alcohol concentration in blood, and analysis of gene type);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order, Etc., the main sentence of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed against Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the disclosure and notification order of registered information may have a significant impact on the defendant, and thus, the disclosure and notification order of registered information needs to be

The crime of this case is not a sexual crime against many unspecified persons, and the defendant has no record of committing a sexual crime, and in this case, the defendant is sentenced to the punishment.

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