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(영문) 서울서부지방법원 2016.12.22 2016고합309
준강간
Text

A defendant shall be punished by imprisonment for three years.

To order the defendant to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On July 8, 2016, at around 01:30, the Defendant discovered the victim E (be, 23 years old) who d'D' and the male-friendly implements of the victim who d'D' located in Seodaemun-gu Seoul Metropolitan Government and d'D' out of the lock-gu and d's smoking together with the d', and avoided tobacco, and confirmed that the Defendant d's male-friendly implements of the victim are under the influence of alcohol twice.

The Defendant: (a) tried to rape the victim, and (b) confirmed that the male-child gu of the victim, who was frightened by the victim, was drunk, and was frightened by the victim; (c) had the victim under the influence of alcohol at around 02:00; (d) had the victim under the influence of alcohol at around 804, Gelher in Seodaemun-gu Seoul, Seoul, left the victim’s clothes, and had the victim under the influence of alcohol, left the victim’s clothes at around his body as soon as possible, and had sexual organ inserted the victim’s sexual organ into the victim’s sexual organ, and had sexual intercourse with the victim under the influence of alcohol.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to CCTV images (Evidence No. 3) and CCTV images (Evidence List No. 11);

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Reasons for conviction of a criminal defendant, in light of the age, motive of the crime, seriousness of the crime, etc., of Article 47 (1) and Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, and 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 (in light of the defendant's age, motive of the crime, seriousness of the crime, etc., it is deemed that the criminal defendant's personal information can be registered and an order to complete

1. The defendant and the defendant.

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