(영문) 수원지방법원 평택지원 2014.08.06 2013고합109

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(영문) 수원지방법원 평택지원 2014.08.06 2013고합109

강간

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete 200 hours of sexual assault treatment program.

Reasons

Punishment of the crime

On May 8, 2013, at around 08:20, the Defendant first 207 Embel 207 in Suwon-si, Suwon-si, with the introduction of figures, she had the victim F (the 19-year age), she had the victim’s clothes under the influence of alcohol, and tried to commit rape. While the victim she was off the victim’s clothes and added the victim’s sexual organ into the part of the victim’s sound, the victim she she turned down his/her her belth part of the part of the victim’s belbow, thereby preventing the victim from resisting.

Summary of Evidence

1. Statement of the criminal defendant that the criminal defendant has sexual intercourse with a victim in the first trial record;

1. Each statement made by a witness, a victim, a G or H in this Court;

1. Each statement made by the public prosecutor and the police officers on the victims of each protocol of statement;

1. Second written statements of the accused and the injured party in the suspect examination protocol (in comparison with the injured party) of the accused in the police preparation;

1. Entry of CCTV editing photographs and images thereof;

1. Each image on the screen (Evidence No. 175-180 of the No. 175-180 of the evidentiary record), the victim’s photograph (Evidence No. 182 of the evidentiary record), the victim’s and G’s telephone page (Evidence No. 184 of the evidentiary record);

1. Each written expert report of the genetic identification center of the National Institute of Scientific and Investigative Research, each of which is written by the IJ and the KLM;

1. Determination as to the defendant's and defense counsel's assertion on the inside of each guest room (Evidence No. 256, 257 of the record) of the victim's preparation

1. The summary of the argument ① The defendant and the victim only have sexual intercourses under the agreement, and the defendant did not rape the victim.

② The level of physical force inflicted on the victim at the time when the Defendant had a sexual intercourse with the victim was merely equivalent to a threat of force, and thus cannot be deemed as violence or intimidation, which is a means of the crime of rape.

2. The following circumstances acknowledged by the evidence duly adopted and examined by this Court, i.e., the instant case.

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