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(영문) 서울북부지방법원 2013.09.27 2013고합212
강간
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On July 9, 2013, the Defendant: (a) around 04:30 on July 9, 2013, the first floor of the Dongdaemun-gu Seoul Metropolitan Government (hereinafter “D”) where the Defendant was an employee, and (b) the victim E (V, 20 years old) and drinking were fluord by drinking the victim on a compulsory basis, and fluored the finger into the inside.

Therefore, while the victim was "I Ma," the defendant was "I Ma," the defendant was "I Ma, I d d d d d d d d d d d d d d d d d d d d d e, so the victim's resistance was remarkably difficult, and he exceeded the victim's half-bab and clothes, exceeded the defendant's fla d d d d

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 297 of the Criminal Act applicable to the crimes;

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

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the main sentence of Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the summary of the argument on the argument of the defendant and his/her defense counsel is that the victim gets the defendant's arms and puts the arms, and there was no fact that the victim was "I am" and "I am kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn

The defendant is under the influence of alcohol and lacks the ability to discern things or make decisions.

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