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(영문) 광주지방법원 2021.01.29 2020고합461
준강간
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant had been able to teach for about three months from that time to that of the victim B (the name, the 42 years of age) and the 4-year introduction, and he had been able to do so until that time.

From around 17:30 on August 29, 2020 to 21:00, the Defendant sent alcohol to a restaurant and drinking house near the victim’s residence, together with the victim, and was under the influence of alcohol at around 21:10 on the same day, and moved to the victim’s house located in Gwangju Mine-gu C.

In addition, the Defendant, around 21:20 on the same day, drunkd from the victim’s inside of the said victim’s residence, exceeded the clothes of the victim, and inserted the Defendant’s sexual organ into the victim’s negative part.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or impossibility of resistance.

Summary of Evidence

1. Partial statement of the defendant's body (the purport that he/she has sexual intercourse since he/she was under the influence of alcohol to the extent that the victim is unable to escape from his/her body has not yet passed since he/she was faced with his/her house);

1. A protocol concerning the interrogation of the suspect of the defendant (a statement that the victim was unable to discern himself/herself from what he/she had at the time of sexual intercourse);

prescribed number of persons)

1. Statement made by the police with regard to B (tentative name, victim);

1. Cascing the CCTV image of an elevator in front of the victim's residence (a form in which the defendant brings a victim who intends to sit on the floor without force and raises the victim by double selling);

1. The Kakao Stockholm conversation between the Defendant and the victim (the victim resisted that he did not have any sexual intercourse, and the defendant found the Defendant guilty and sacrifies);

1. A reply to the victim's request for appraisal (the victim's detection of alcohol or more in the victim's urine) [whether the defendant is aware of the victim's intentional quasi-rape] all his/her criminal acts in the general sense at this court, but in each theory, the defendant made a statement that "the victim seems to allow the victim's sexual intercourse."

“A crime, such as making a false statement.”

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