logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.06.15 2016고합1236
준강간
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant is the first space between the victim C (one life, female, 33 years old) and the club E in Seocho-gu Seoul Metropolitan Government.

On May 26, 2016, the Defendant, at around 06:00, had sexual intercourse with the said victim under the influence of alcohol in the Defendant’s residence, at around 301, located in Gangnam-gu Seoul Metropolitan Government F, and had sexual intercourse once with the said victim.

Summary of Evidence

1. Each legal statement of witness C and G;

1. Investigation report (to have a witness H telephone conversations);

1. Each request for appraisal, reply and written appraisal;

1. The defendant and the defense counsel asserts that the victim did not have been taken at the time, and the defendant and the victim had sexual intercourse under agreement with the victim, as to the victim's body pictures, the suspect and the victim's I message pictures, the suspect's will and the victim's body pictures, the victim's body pictures, the victim's body pictures and the victim's body pictures, and the victim's sexual intercourse.

However, in light of the following circumstances that can be acknowledged by evidence duly adopted and investigated by this Court, the Defendant had sexual intercourse with a victim in a state of resistance under the influence of alcohol.

The decision is judged.

(1) With respect to the situation before and after damage, the aggrieved person shall be asked from the investigative agency to the investigation agency to determine whether he/she would drink in another club on the day of the instant case and have been married to the club E, and the accused shall be asked whether he/she has been married, and the degree of 3 residues after drinking alcohol shall not be memory.

It is difficult to think that he continued to embling and eroding, as he did anesthesia the surface of the water.

In addition, even if the drinking was unsatisfyed due to the fact that the defendant's office was the house and the drinking was unsatisfy, it was thought that he would escape from the house as soon as possible, and locked with him while she was under clothes at the house.

“The statements are consistently made, and credibility is also recognized.”

(2) The taxi engineer between the defendant and the victim at the house of the defendant at the club E on the day of the case shall be in accordance with the status of the victim at the time of the investigation agency and this court.

arrow